Circumstances that are relevant in dissolution of marriage/marriage

Question: What are the grounds for decree for dissolution of marriage considered by the court?


A women married under Muslim Law shall be entitled to obtain decree for the dissolution of her marriage on any of the  following grounds:

1)      that the whereabouts of the husband have not been known for a period of four years;

2)      that the husband has neglected or has failed to provide for her maintenance for a period of two years;

3)      that the husband has been sentenced to imprisonment for a period of seven years or upwards;

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

5)      that the husband was impotent at the time of the marriage and continues to be so;

6)      that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

7)      that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consummated;

8)      that the husband treats her with cruelty, that is to say, habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

9)      that he associates his wife with women of evil repute or leads an infamous life, or

10)    attempts to force her to lead an immoral life, or

11)    disposes of her property or prevents her exercising her legal rights over it, or

12)   obstructs her in the observance of her religious profession or practice, or

13)   if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran; and

14)   on any other ground which is recognized as valid for the dissolution of marriages under Muslim   law