Affidavit for Dissolution of Muslim Marriage under Section 2
Sample affidavit to support a petition by a Muslim woman seeking a decree of dissolution under Section 2 of the Dissolution of Muslim Marriages Act, 1939. The draft should be adapted to the actual facts, applicable Family Court or other competent court rules, and the specific statutory ground relied upon.
Sample Affidavit Format
This specimen uses the ground that the husband's whereabouts have not been known for four years. Delete or replace paragraphs that do not match the actual case. Plead the precise facts and the particular ground or grounds relied on in the main petition.
O.P./M.C. No. _____ of 20____
AFFIDAVIT
I, ____________________________, wife of ____________________________, daughter of ____________________________, aged ____ years, residing at ________________________________________________________________, do hereby solemnly affirm and state as follows:
1. I am the petitioner in the accompanying petition and the deponent herein. I am well acquainted with the facts and circumstances of the case and am competent to swear to this affidavit.
2. The respondent and I are Muslims. Our marriage was solemnised in accordance with Muslim law on __________ at ____________________________.
3. The respondent left ____________________________ on or about __________. Since approximately __________, I have had no information regarding his whereabouts despite reasonable efforts made by me and my family to trace or contact him.
4. The whereabouts of the respondent have not been known to me for a continuous period of at least four years preceding the filing of the accompanying petition.
5. I therefore seek dissolution of the marriage under Section 2(i) of the Dissolution of Muslim Marriages Act, 1939, subject to the requirements and consequences prescribed by the Act.
6. The statements made in the accompanying petition are true and correct to my knowledge and belief, except those stated to be based on information, which I believe to be true.
7. I respectfully pray that this Hon'ble Court may grant the reliefs sought in the accompanying petition and pass such other order as it may deem just and proper in the circumstances of the case.
VERIFICATION
Verified at __________________ on this ____ day of __________, 20____ that the contents of paragraphs 1 to ____ of this affidavit are true and correct to my knowledge and belief, and that nothing material has been concealed therefrom.
Attestation / identification should be completed in the manner required by the applicable court, notarial, oath or affidavit rules.
Section 2: Current Grounds for Dissolution
Section 2 permits a woman married under Muslim law to seek a decree for dissolution on one or more statutory grounds. In concise form, the present grounds include:
- The husband's whereabouts have not been known for four years.
- The husband has neglected or failed to provide maintenance for two years.
- The husband has been sentenced to imprisonment for seven years or more.
- The husband has, without reasonable cause, failed to perform his marital obligations for three years.
- The husband was impotent at the time of marriage and continues to be so.
- The husband has been insane for two years or is suffering from a virulent venereal disease.
- Where the woman was given in marriage by her father or another guardian before she attained the statutory age stated in the provision and repudiated the marriage before eighteen, subject to the statutory condition concerning consummation.
- Cruelty, including the forms specifically recognised in the Act, such as habitual assault or conduct making her life miserable, forcing an immoral life, interfering with her property rights or religious observance, or inequitable treatment among co-wives.
- Any other ground recognised as valid for dissolution of marriages under Muslim law.
Important 2019 Legal Update
The Personal Laws (Amendment) Act, 2019 amended Section 2(vi) of the Dissolution of Muslim Marriages Act, 1939 by omitting the words referring to leprosy. The current provision therefore refers to insanity for the statutory period or a virulent venereal disease, but not leprosy.
Separately, the Muslim Women (Protection of Rights on Marriage) Act, 2019 declares the form of instantaneous and irrevocable talaq described in that Act void and illegal. It is a different statute from a wife's petition for a decree under Section 2 of the 1939 Act.
Frequently Asked Questions
Is an affidavit alone sufficient to obtain dissolution?
No. The affidavit ordinarily supports the pleadings and evidence in the proceeding. The petition must state the legally available ground or grounds and the material facts necessary to establish them.
Can this sample be used for every ground under Section 2?
No. This specimen is structured around Section 2(i), where the husband's whereabouts have not been known for four years. Different grounds require different factual pleadings and supporting material.
Which court should be named in the heading?
Use the Family Court or other court having jurisdiction under the applicable law and local court structure. Court nomenclature and filing requirements can vary by State, district and forum.
Should the affidavit say five years if the husband is missing?
The statutory period in Section 2(i) is four years. The affidavit should state the actual period accurately, provided the statutory threshold is met.