Section 2 of DMMA : Section 2: Grounds For Decree For Dissolution Of Marriage

The Dissolution of Muslim Marriages Act, 1939

Bare Act

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

    1. that the whereabouts of the husband have not been known for a period of four years;

    2. that the husband has neglected or has failed to provide for her maintenance for a period of two years;

    3. that the husband has been sentenced to imprisonment for a period of seven years or upwards;

    4. that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

    5. that the husband was impotent at the time of the marriage and continues to be so;

    6. that the husband has been insane for a period of two years or is suffering from a virulent venereal disease;

    7. that 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. that the husband treats her with cruelty, that is to say,—

      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 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. on any other ground which is recognised as valid for the dissolution of marriages under Muslim law:

      Provided that—

      1. no decree shall be passed on ground (iii) until the sentence has become final;
      2. a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and
      3. before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

    Simplified Act

    If you are a woman married according to Muslim law, you can legally end your marriage for any of these reasons:

    1. Your husband has been missing for at least four years.
    2. Your husband has not provided financial support for you for two years.
    3. Your husband has been jailed for seven years or more.
    4. Your husband has not met his marriage duties for three years without a good reason.
    5. Your husband was unable to have sexual intercourse when you got married and still can't.
    6. Your husband has been mentally ill for two years or has a serious sexually transmitted disease.
    7. If you were married off before you turned 15, you can cancel the marriage before you turn 18, as long as the marriage was never consummated.
    8. Your husband is cruel to you, which could mean:
      • He regularly hurts you or makes your life miserable.
      • He hangs out with women of bad reputation or lives a shameful life.
      • He tries to make you live an immoral life.
      • He takes your property or stops you from using what's legally yours.
      • He interferes with your religi...

    Explanation using Example

    Imagine a scenario where Aisha, a Muslim woman, has been married to her husband, Omar, for five years. Omar was employed abroad, but for the last four years, Aisha has not received any communication from him. Despite her attempts to locate him through relatives and friends, his whereabouts remain unknown. Aisha struggles financially as she has no means of support from Omar.

    In this situation, Aisha can invoke Section 2(1) o...

    To AI Chat with Act via KanoonGPT, Search Section, see Act Info, Table of Contents

    Unlock Pro Features

    Enjoy exclusive access to simplified content, detailed explanations, and premium insights to enhance your understanding.

    Join Pro and support our initiative to make advanced AI and language models accessible for the Indian legal community.

    KanoonGPT has upgraded to powerful new servers to bring you bigger, better, and smarter AI features!
    Stay tuned for new updates and features rolling out soon!
    Upgrade to Pro

    To read this Act offline, get our "Kanoon Library" Mobile App

    Kanoon Library Android App - Play Store LinkKanoon Library iOS App - App Store Link