Section 3 of DMMA : Section 3: Notice To Be Served On Heirs Of The Husband When The Husband’S Whereabouts Are Not Known

Bare Act

In a suit to which clause (i) of section 2 applies:

1. 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,
2. notice of the suit shall be served on such persons, and
3. such persons shall have the right to be heard in the suit:

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

Simplified Act

If a woman is filing for divorce under the specific condition mentioned in section 2, clause (i) of this law:

1. 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 on the date she filed for divorce,
2. She must make sure that these potential heirs are notified about the divorce case, and
3. Th...

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 would have inherited from him under Muslim law if he had passed away on the date she filed her divorce petition. This is in compliance with the requirement to state the heirs in the plaint.

Furthermore, Aye...