(Amendment added as per Act 6 of 2019 and 34 of 2019) (Act No. 8 of 1939) [17th March, 1939] 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. Whereas it is expedient to consolidate and clarify the provisions of Muslim law relating to suit 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; It is hereby enacted as follows:

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S.1 Short title and extent

(1) This Act may be called the Dissolution of Muslim Marriages Act, 1939.

(2) It extends to the whole of India ¹[²[x x x x]].

S.2 Grounds for decree for dissolution of marriage

A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:

(i) That the whereabouts of the husband have not been known for a period of four years;

(ii) That the husband has neglected or has failed to provide for her maintenance for a period of two years;

(iii) That the husband has been sentenced to imprisonment for a period of seven years or upward;

(iv) That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(v) That the husband was impotent at the time of the marriage and continues to be so;

(vi) That the husband has been insane for a period of two years or is suffering from ¹[x x x] a virulent venereal disease;

(vii) That she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage befo

S.3 Notice to be served on heirs of the husband, when the husband's whereabouts are not known

In a suit to which clause (i) of Section 2 applies-

(a) 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,

(b) Notice of the suit shall be served on such persons, and

(c) 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.

S.4 Effect of conversion to another faith

The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not be itself operate to dissolve her marriage:

Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in Section 2:

Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith.

S.5 [Rights to dower not to be affected

Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage.

S.6 [Repeal of Section 5 of Act 26 of 1937

Rep. by the Repealing and Amending Act, 1942 (25 of 1942)].