Court : Allahabad
Reported in : I(1997)DMC670
..... the only question for consideration in this revision is as to whether a muslim wife whose marriage had been dissolved at her instance by means of a court decree under the provisions of dissolution of muslim marriages act, 1939 prior to the enforcement of the act and whose application for maintenance allowance had been allowed under section 125, cr.p.c. ..... . therefore, when section 7 of the act also includes section 127, it follows that by including section 125 alongwith section 127, the main petition under section 125 cr.p.c ..... . with respect i do not agree with this decision because the act restricts right of divorced muslim woman to get maintenance allowance from her husband only for a period of iddat and beyond that period she may get maintenance allowance from her relatives who are entitled to succeed her property on her death.13 ..... . prior to the commencement of the act and was pending at the time when the act came into force.12 ..... prior to the enforcement of the act, is entitled to get it executed after the commencement of the act, when her application for execution was pending at that time the said act came into force. ..... the opposite party moved an application before hon'ble supreme court for setting aside its judgment dated february 18,1981 on the ground that notice of lodgment of appeal was not served upon him. ..... was pending when the act came into operation.9. ..... when the appeal preferred by smt. .....
Tag this Judgment!Court : Kerala
Reported in : ILR2010(4)Ker239
..... this matrimonial appeal is preferred by the appellant/husband, claiming to be aggrieved by an order of dissolution of marriage passed under section 2(viii)(f) of the dissolution of muslim marriages act in favour of the respondent, his wife. 3. ..... notwithstanding the fact that the wife did not repeat the specific allegations of matrimonial cruelty in the affidavit, considering the fact that admittedly the allegations were narrated in detail in the petition and the wife had made averments in the affidavit to incorporate the allegations in the petition, we are not persuaded to agree that there is any such defect or inadequacy in the affidavit, which can persuade us to reject the claim of the wife for that sole or simple reason. ..... when it is admitted or proved that there has been a second marriage and when the wife asserts that she has been treated inequitably and she would like to walk out of such marriage, no court can fetter her rights to quit such marriage. ..... is the appellant/husband, in the light of undisputed facts and circumstances, entitled for the luxury of a further opportunity when the contentions that he wants to raise cannot admittedly help him to avoid the impugned decree? ..... when the husband unlocks the wicket (or is it the wicked) gate to admit another wife into matrimony, he passes on the password to open the main exit gate to the wife in matrimony as also the wife walking in. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj847; 2009(1)WLN321
..... repudiation under the dissolution of muslim marriages act, 1939:- by the dissolution of muslim marriages act, 1939, all restriction on the option of puberty in the case of minor girl whose marriage has been arranged by a father or grandfather has been abolished and under section 2(vii) of the act a wife is entitled to the dissolution of her marriage if she proves the following facts, namely, (1) the marriage has not been consummated, (2) the marriage took place before she attained the age of 15 years, and (3) she has repudiated the marriage before attaining the age of 18 years.274. ..... if the factum of such revocation or exercise of option of puberty is proved before the trial court even by the oral evidence and the trial court returns the findings of facts in her favour in a suit filed by the husband, even then it should be sufficient satisfaction of requirement of section 2 of the dissolution of muslim marriages act, 1939.17. ..... following substantial questions of law as suggested in the memo of appeal are framed for consideration by this court:(i) when the option of puberty is opted by a lady by her conduct and same is admitted by the opposite party, in that situation, whether it is necessary to obtain a decree for dissolution of marriage from a competent court?ii) whether in the facts and circumstances of the present case, the suit for restitution of conjugal rights is maintainable? .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1261; 1982(1)SCALE566; (1982)2SCC474; [1983]1SCR32; 1982(14)LC570(SC)
..... reference is made by miss thomas to section 2(ix) of the dissolution of muslim marriage act, 1939 which empowers the court to dissolve a muslim marriage on any ground other than those already enumerated in the section 'which is recognised as valid for the dissolution of marriages under muslim law. ..... we are not satisfied that section 7 of the indian divorce act can be read to include the provisions of section 1 (2) (d) of the matrimonial causes act, 1973. ..... the first case was concerned with the question whether an appellate court can increase the amount of alimony payable by the husband to the wife without an appeal by her. ..... whatever interpretation of section 7 was permissible before august 15, 1947 when the british parliament had plenary powers of legislation over indian territory, no interpretation is now permissible which would incorporate post-1947 british laws into indian law.15. ..... when therefore section 10 of the indian divorce act specifically sets forth the grounds on which a marriage may be dissolved, additional grounds cannot be included by the judicial construction of some other section unless that section plainly intends so. ..... the grounds are ordinarily pleaded it the suit or proceeding when the petitioner comes to court and invokes its jurisdiction. ..... in our opinion, when a legislative provision specifies the grounds of which divorce may be granted they constitute the only conditions on which the court has jurisdiction to grant divorce. .....
Tag this Judgment!Court : Kerala
Reported in : 2002CriLJ4419
..... , as the divorce is not the act of the husband and as the dissolution of marriage was brought about at the instance of the wife under the dissolution of muslim marriage act, 1939, the decree for dissolution of marriage does not amount to a divorce by the husband under the mohammedan law, and therefore, the second limb of the expression 'divorced woman' in section 2 of the act does not apply. ..... when the law laid down by the supreme court in the above cited decision is brought to the notice of the learned counsel for the revision petitioner, he made a feeble attempt to distinguish it on the ground that that decision was rendered by thesupreme court explaining the scope and ambit of explanation (b) to section 125 cr.p.c. ..... it would appear that under the mahomedan law there are three distinct modes in which a muslim marriage can be dissolved and the relationship of the husband and the wife terminated so as to result in an irrevocable divorce: (1) where the husband unilaterally gives a divorce according to any of the forms approved by the mahomedan law, viz. ..... though notice was served on the divorced wife, she has chosen not to appear before this court. .....
Tag this Judgment!Court : Kerala
Reported in : II(1995)DMC27
..... but spouses married under the special marriage act, hindu, bhuddist, sikh and jain spouses governed by the hindu marriage act, 1955, zoroastrian spouses governed by the parsi marriage and divorce act, 1936, muslim wives under the dissolution of muslim marriages act, 1939 are entitled to dissolution of marriage, and not merely judicial separation, ..... the legal effect of the provisions in section 10 of the act is to deny the christian woman a right to get dissolution of marriage on grounds of desertion and cruelty even when the marital relationship has broken irretrievably as a result of desertion and cruelty shown by her husband ..... detailed discussion, it can safely be stated without fear of any contradiction that no purpose whatsoever will be served by continuing the relationship of marriage which is irretrievably broken down as a result of desertion by the husband for a continuously long period and cruelty meted out which would justify an order for judicial separation. ..... are thus:'...it would be unrealistic for the law not to take notice of the fact, and it would be harmful to society and injurious to the interests of the parties if the legal bond is sought to be maintained notwithstanding the disappearance of the ..... alleged in the petition that she is not even aware of the whereabouts of her husband at present ..... has done in that case, would parliament have enacted the law in question if it had known that it would fail as regards the offending portions, there can be no doubt, as to what .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC935; 1985(1)SCALE952; (1985)3SCC62; [1985]Supp1SCR704; 1986(1)LC247(SC)
..... the passing of the dissolution of muslim marriages act, 1939, obtain a decree for a dissolution of a marriage on one of the following grounds :(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 upwards; (iv) that the husband has failed to perform, without reasonable cause, his matrial 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 ..... are not necessary for the purposes of this case)section 27 enables either the husband or the wife to seek a decree of divorce on the ground that the respondent-(a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or(b) has since the solemnization of the marriage treated the petitioner with two years immediately preceding the presentation of the petition; or(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the indian penal code; (d) has since the solemnization of the marriage treated the ..... also notice that irretrievable break down of marriage is yet no ground for dissolution of marriage under the hindu marriage act also, though the principle appear to have been recognised in section 13(1-a) and section .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj102
..... it was argued that dissolution of muslim marriages act came to be enforced in rajasthan on 26-1-1950 and the period of two years in which the husband's neglect or failure to provide for maintenance could give rise to a suit for dissolution should be a period after the enforcement of the act. ..... it was alleged that thereafter, the defendant did not provide her with maintenance and that she was entitled to claim dissolution both on the grounds of cruelty and for failure to provide maintenance in view of the provisions of the dissolution of 'muslim marriages act. ..... he, therefore, gave a decree for dissolution of marriage by order dated 7-8-1950, on appeal the learned civil judge of tonk came to the conclusion that during married life there were several assaults by the husband about twenty years before the date of the suit and any suit on that basis would be barred by limitation. ..... this is a second appeal by the husband defendant in a suit for dissolution of marriage. ..... it may be stated that although the dissolution of muslim marriages act had not come into force on the date of the institution of the suit, it had been brought into force before the passing of the decree and the failure had taken place for quite a number of years before the suit came to be decided. ..... on the question of law, we are of opinion that the failure or neglect to provide maintenance in order to give rise to claim for dissolution, must be without any justification. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP459
..... ' that section was repealed by section 6 of dissolution of muslim marriages act, 1939. ..... the question which arises for determination is whether the section 5 in the shariat act is, by reason of the repeal of section 6 of the dissolution of muslim marriages act (act viii of 1939), revived and again became operative.6. ..... the lower court was therefore right in holding that section 5 of the shariat act, which vested jurisdiction in the district courts with regard to the dissolution of muslim marriages, has not been revived. ..... if so, the position is that as there is no specific provision reviving section 5 of the shariat act, the repeal of section 6 of act viii of 1939 by act xxv of 1942, has not the effect of reviving the original provision.7. ..... 'on the date of the repealing act, admittedly, section 5 of the shariat act was not in existence or in force and, therefore, the repeal of section 6 of act viii of 1939 cannot revive or restore the original provision. ..... mahaboob begum, : air1955sc352 wherein it was observed as follows:'it may indeed be said that the present rule is the result of the statutory provisions introduced by the interpretation act of 18s9 and as we are not bound by the provisions of any english statute, we can still apply the english common law rule if it appears to us to be reasonable and proper. ..... it is argued that when the legislature repeals a repealing act, the law as it existed under the act repealed is restored. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker261
..... before the act 8 of 1939 (the dissolution of muslim marriages act 1939) a minor girl given in marriage by the father or the father's father, had no option to repudiate it on the attainment of her puberty but this has now been changed ..... ' the nagpur high court read section 2(ii) of the act to mean that where the wife voluntarily stayed away from her husband's house despite the husband's request to return to his house and live with him, there was no neglect or failure to maintain the wife merely because he did not send any money to her during this period and the wife was not entitled to claim divorce ..... is no merit in preserving intact the connection of marriage when the parties are not able and fail 'to live within the limits of allah', that is to fulfil their mutual marital obligations, and there is no desecration involved in dissolving a marriage which has failed. ..... , in my humble view, accords with the holy islamic texts and the ethos of the muslim community which together serve as a backdrop for the proper understanding of the provisions of act 8 of 1939.17. ..... galwash notices, the pagan arab, before the time of the prophet, was absolutely free to repudiate his wife whenever it suited his whim, but when the prophet came he declared divorce to he 'the most disliked of lawful things in the sight of ..... the attitude of the prophet is illustrated by the well-known instance of jameela, the wife of sabit bin kais, who hated her husband intensely although her husband was extremely fond of .....
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