Dissolution of Muslim Marriages Act, 1939

Section 1. Short title and extent

(1) This Act may be called the Dissolution of Muslim Marriages Act, 1939.

(2) It extends to the whole of India.

Extent note: the words "except the State of Jammu and Kashmir" were omitted by the Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019), section 95 and the Fifth Schedule, with effect from 31 October 2019. India Code also records the special application note concerning Renoncants in Puducherry and the extension to Dadra and Nagar Haveli.

Section 2. Grounds for decree for dissolution of marriage

A woman married under Muslim law is entitled to obtain a decree for dissolution of her marriage on any one or more of the following grounds:

1. the whereabouts of the husband have not been known for a period of four years;
2. the husband has neglected or has failed to provide for her maintenance for a period of two years;
3. the husband has been sentenced to imprisonment for a period of seven years or upwards;
4. the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
5. the husband was impotent at the time of the marriage and continues to be so;
6. the husband has been insane for a period of two years or is suffering from a virulent venereal disease;
7. she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years, provided that the marriage has not been consummated;
8. the husband treats her with cruelty, including where he:
   1. habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment;
   2. associates with women of evil repute or leads an infamous life;
   3. attempts to force her to lead an immoral life;
   4. disposes of her property or prevents her from exercising her legal rights over it;
   5. obstructs her in the observance of her religious profession or practice; or
   6. if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;
9. any other ground recognised as valid for dissolution of marriages under Muslim law.

2019 amendment: the words "leprosy or" in clause (vi) were omitted by the Personal Laws (Amendment) Act, 2019 (Act 6 of 2019), with effect from 1 March 2019.

Section 3. Notice to be served on heirs of the husband when his whereabouts are not known

In a suit based on section 2(i):

1. the names and addresses of the persons who would have been the husband's heirs under Muslim law if he had died on the date of filing of the plaint shall be stated in the plaint;
2. notice of the suit shall be served on those persons; and
3. those persons shall have the right to be heard in the suit.

Provided that the paternal uncle and brother of the husband, if any, shall be cited as parties even if they are not heirs.

Section 4. Effect of conversion to another faith

Renunciation of Islam by a married Muslim woman, or her conversion to another faith, does not by itself dissolve her marriage.

After such renunciation or conversion, she remains entitled to obtain a decree for dissolution on any of the grounds stated in section 2.

The section does not apply to a woman who had converted to Islam from another faith and later re-embraces her former faith.

Section 5. Rights to dower not to be affected

Nothing in this Act affects any right which a married woman may have under Muslim law to her dower, or any part of it, upon dissolution of her marriage.

Section 6. Repealed

Section 6, which dealt with repeal of section 5 of the Muslim Personal Law (Shariat) Application Act, 1937, was repealed by the Repealing and Amending Act, 1942 (Act 25 of 1942).