After the Dissolution of Muslim Marriage Act, of 1939, Muslim women were banned by giving Kula as the customary practice of Divorce. In India, Triple Talaq is banned and for pronouncing it provides 3-year imprisonment. But regular talaq is permitted as per Shariat law. Muslim women nowadays cannot exercise Kula as the right and the way for divorce under personal law they should approach the Family courts or other courts, where family courts are not established.
Muslim women by way of the civil case under the provisions of the Dissolution of Muslim Marriage Act, 1939, can file divorce and the same was enquired as the civil case by family courts in Chennai and other cities.
Under this act, a Muslim woman is entitled to obtain a decree for the dissolution of her marriage on the grounds, including:
• If the whereabouts of the husband have not been known for four years
• If the husband has neglected or failed to provide for her maintenance for two years
• If the husband has been sentenced to imprisonment for seven years or upwards
• If the husband has failed to perform, without reasonable cause, his marital obligations for three years
• If the husband was impotent at the time of the marriage
• If the husband has been insane for two years or is suffering from leprosy or a virulent venereal disease
• If she was given in marriage by her father or guardian before attaining the age of 15 and repudiated the marriage before attaining the age of 18, provided the marriage was not consummated
• If the husband treats her with cruelty, including physical or mental abuse, associating with women of evil repute, attempting to force her into an immoral life, and failing to treat her equitably if he has more than one wife
• On any other ground recognised as valid for the dissolution of marriages under Muslim law
Muslim women can now approach the court, not their Jammat is made easy to get divorced from the high-handed activity of their family members.
Authour : K.P.Satish Kumar M.L
Advocate, Madras High Court
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On Public Interest for legal awareness by Daniel & Daniel
