The Dissolution of Muslim Marriages Act, 1939

{
    "id": 521,
    "slug": "dissolution-of-muslim-marriages-act-1939",
    "title": "The Dissolution of Muslim Marriages Act, 1939",
    "short_title": "The Dissolution of Muslim Marriages Act, 1939",
    "act_number": "8",
    "act_year": 1939,
    "act_type": "CENTRAL",
    "location": "India",
    "law_status": "valid",
    "enactment_date": "1939-03-17",
    "description": "The Dissolution of Muslim Marriages Act, 1939",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "Section 1.  Short title and extent.",
            "chapter": null,
            "content": "(1) This Act may be called the Dissolution of Muslim Marriages\r\nAct, 1939.\r\n(2) It extends to the whole of India\r\n1\r\n[2***]3",
            "footnote": "1. Subs by Act 48 of 1959, s. 3 and Sch. I, for certain words (w.e.f. 1-2-1960).\r\n2. The words \"except the State of Jammu and Kashmir\" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule\r\n(w.e.f. 31-10- 2019).\r\n3. In its application to Pondicherry, in section 1, after sub-section (\r\n2\r\n), the following shall be inserted--\r\n\"Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.\"\r\nVide\r\n(Act 26 of 1968).\r\nThe Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I.",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "Section 2.  Grounds for decree for dissolution of marriage",
            "chapter": null,
            "content": "A woman married under Muslim law shall be\r\nentitle to obtain a decree for the dissolution of her marriage on any one or more of the following grounds,\r\nnamely:--\r\n(i) that the whereabouts of the husband have not been known for a period of four years;\r\n(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two\r\nyears;\r\n(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;\r\n(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three\r\nyears;\r\n(v) that the husband was impotent at the time of the marriage and continues to be so,\r\n(vi) that the husband has been insane for a period of two years or is suffering from\r\n3\r\n*** a virulent venereal\r\ndisease;\r\n(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen\r\nyears, repudiated the marriage before attaining the age of eighteen years :\r\nProvided that the marriage has not been consummated ;\r\n(viii) that the husband treats her with cruelty, that is to say,--\r\n(a) habitually assaults her or makes her life miserable by cruelty of conduct even if\r\nsuch conduct does not\r\namount to physical ill-treatment, or\r\n(b) associates with women of evil repute or leads an infamous life, or\r\n(c) attempts to force her to lead an immoral life, or\r\n(d) disposes of her property of prevents her exercising her legal rights over it, or\r\n(e) obstructs her in the observance of her religious profession or practice, or\r\n(f) if he has more wives than one, does not treat her equitably in accordance with the\r\ninjunctions of the Qoran;\r\n(ix) on any other ground which is recognised as valid for the dissolution of marriages\r\nunder muslim law :\r\nProvided that--\r\n(a) no decree shall be passed on ground (iii) until the sentence has become final;\r\n(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree,\r\nand if the husband appears either in person or through an authorised agent within that period and satisfies the Court\r\nthat he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and\r\n(c) before passing a decree on ground (v) the Court shall, on application by the husband,\r\nmake an order\r\nrequiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased\r\nto be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said\r\nground.",
            "footnote": "1. The words \"leprosy or\" omitted by Act 6 of 2019, s. 3 (w.e.f 1-3-2019).",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "Section 3. Notice to be served on heirs of the husband when the husband’s whereabouts are not known.",
            "chapter": null,
            "content": "In a suit to which clause (i) of section 2 applies--\r\n(a) the names and addresses of the persons who would have been the heirs of the husband under Muslim law if he\r\nhad died on the date of the filing of the plant shall be stated in the plaint,\r\n(b) notice of the suit shall be served on such persons, and\r\n(c) such persons shall have the right to be heard in the suit :\r\nProvided that paternal uncle and brother of the husband, if any, shall be cited as party even if he\r\nor they are not heirs.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "Section 4. Effect of conversion to another faith.",
            "chapter": null,
            "content": "The renunciation of Islam by a married Muslim\r\nwoman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage :\r\nProvided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the\r\ndissolution of her marriage on any of the grounds mentioned in section 2:\r\nProvided further that the provisions of this section shall not apply to a woman converted to Islam\r\nfrom some\r\nother faith who re-embraces her former faith.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "Section 5. Rights to dower not to be affected.",
            "chapter": null,
            "content": "Nothing contained in this Act shall affect any right which a\r\nmarried woman may have under Muslim law to her dower or any part thereof on the dissolution of her\r\nmarriage.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "Section 6. Repealed.",
            "chapter": null,
            "content": "[Repeal of section\r\n5\r\nof Act\r\n26\r\nof\r\n1937.]\r\nRep. by the Repealing and Amending Act\r\n, 1942 (25\r\nof\r\n1942),\r\ns\r\n. 2\r\nand the First Schedule\r\n.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        }
    ],
    "metadata": {
        "Act ID": "19398",
        "Act Number": "8",
        "Enactment Date": "1939-03-17",
        "Act Year": "1939",
        "Short Title": "The Dissolution of Muslim Marriages Act, 1939",
        "Long Title": "An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie.",
        "Department": "Department of LAW AND LEGISLATIVE AFFAIRS",
        "Enforcement Date": "17-03-1939",
        "Type": "CENTRAL ACT (Ministry of Law and Justice, Legislative Department)",
        "Location": "Chhattisgarh",
        "Ref Act ID": "193908"
    },
    "updated_at": "2026-09-29 21:51:51"
}