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

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. These people are allowed to participate and express their views during the divorce proceedings.

However, the husband's paternal uncles and brothers should be mentioned in the case as parties involved, even if they wouldn't normally inherit anything from him.

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, Ayesha ensures that the court serves notice of the divorce suit on all the listed heirs, allowing them to be aware of the proceedings and giving them an opportunity to appear in court if they wish to do so.

Even though Omar's paternal uncle and brother are not his heirs, they are also cited as parties to the suit, in accordance with the provision that requires their inclusion regardless of their heir status.