This law was made to give Muslim women in India the legal right to get a divorce (khula) from their husbands under certain conditions. Before this Act, only Muslim men had clear rights to divorce. The Act empowers Muslim women to seek divorce through a court of law if their husband fails to fulfil marital obligations.
Key Grounds for Divorce under the Act:
- Has been missing for 4 years.
- Neglects or fails to provide for her for 2 years.
- Is imprisoned for 7 years or more.
- Has failed to perform his marital duties for 3 years.
- Is impotent at the time of marriage and remains so.
- Is insane or suffers from a serious illness.
- Treats her cruelly (e.g., physical abuse or forcing immoral acts).
- Has married another woman without her consent and causes harm.
Additional Point:
A woman who was married off by her guardians before the age of 15 can also ask for divorce after turning 18, if the marriage was not consummated.
FAQs – Dissolution of Muslim Marriages Act, 1939
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1. Can a Muslim woman take a divorce under this Act?
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Yes, this law allows Muslim women to get a court divorce on specific grounds.
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2. What if the husband is missing?
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If the husband is missing for 4 years, the wife can seek divorce.
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3. Can a wife file for divorce if the husband doesn't give her money?
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Yes, if the husband hasn’t provided maintenance for 2 years.
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4. Is cruelty a valid reason for divorce?
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Yes, physical or mental cruelty is a valid ground.
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5. What if the husband is in jail?
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If he’s sentenced to 7 years or more, the wife can ask for divorce.
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6. Can a woman divorce if her husband is mentally ill?
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Yes, if he is insane or has a serious mental disorder.
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7. What if the husband is impotent?
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The wife can seek divorce if the husband was impotent at the time of marriage and still is.
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8. Can a woman leave the marriage if she was forced into it as a child?
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Yes, if she was married before 15 and chooses to opt out after turning 18 (and if the marriage wasn't consummated).
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9. Does this Act apply to Shia and Sunni Muslims?
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Yes, it applies to all Muslim women in India.
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10. What if the husband marries again without consent?
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If it causes harm or injustice to the first wife, she can ask for divorce.
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11. Does the woman have to return the mehr (dower)?
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Not always. It depends on the situation and court decision.
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12. Can a woman take talaq under this Act?
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No. Talaq is the husband's right. This Act is for court-based divorce by the wife.
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13. Is there a time limit for filing the divorce?
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There’s no fixed limit, but the sooner the better for legal processing.
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14. Is khula covered under this Act?
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No. Khula is a separate process based on mutual consent.
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15. Do both parties have to appear in court?
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Usually yes, unless the husband is missing or not traceable.
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16. Is the divorce final immediately?
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No, it’s finalised once the court passes the decree and appeal time ends.
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17. Can the woman remarry after divorce under this Act?
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Yes, after the iddat period (waiting period) ends.
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18. Do children stay with the mother after divorce?
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Usually, minor children stay with the mother, but the court can decide.
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19. Is this Act valid all over India?
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Yes, it’s a central law applicable throughout India.
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20. Does this law protect women from forced marriage?
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Indirectly, yes. If married as a child or against her will, she can later seek divorce.
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