Section 3 of DMMA : Section 3: Notice To Be Served On Heirs Of The Husband When The Husband’S Whereabouts Are Not Known
The Dissolution of Muslim Marriages Act, 1939
Bare Act
In a suit to which clause (i) of section 2 applies:
- the names and addresses of the persons who would have been the heirs of the husband under Muslim law if he had died on the date of the filing of the plaint shall be stated in the plaint,
- notice of the suit shall be served on such perso...
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Simplified Act
If a woman is filing for divorce under the specific condition mentioned in section 2, clause (i) of this law:
- She must include in her divorce application the names and addresses of the people who would have inherited from her husband if he had passed away ...
Explanation using Example
Imagine a scenario where a Muslim woman, Ayesha, files for divorce under the Dissolution of Muslim Marriages Act, 1939, because her husband, Omar, has been missing for over four years, which is a ground for divorce under clause (i) of section 2 of the Act.
In her divorce petition, Ayesha includes the names and addresses of Omar's potential heirs, such as his parents, siblings, and other relatives, who wo...