The Dissolution of Muslim Marriages Act, 1939
The Dissolution of Muslim Marriages Act, 1939, Act Number 8 of 1939, dated 17 March 1939 and listed as effective from 1 January 1939, is primary law for India governing suits by women married under Muslim law for dissolution of marriage. The supplied text does not name an issuing department, and it records later amendments and a repealed provision while preserving rights to dower.
What the Act governs
The Dissolution of Muslim Marriages Act, 1939 applies to women married under Muslim law who seek a court decree dissolving their marriage. It extends to the whole of India, subject to the stated exception concerning Renoncants in the Union territory of Pondicherry.
The Act does not establish a land registration, ownership or transfer process. Its property-related provisions concern a married woman's property rights and her right to dower when a marriage is dissolved.
Who may be affected
The Dissolution of Muslim Marriages Act, 1939 directly affects women married under Muslim law, their husbands and, where a husband's whereabouts are unknown, specified persons who would be his heirs. A husband's paternal uncle and brother must also be made parties in a missing-husband case, even if they are not heirs.
Grounds for dissolution
A woman may seek dissolution on one or more of these grounds:
- Her husband's whereabouts have been unknown for four years.
- He has failed to maintain her for two years.
- He has received a final sentence of imprisonment for seven years or more.
- Without reasonable cause, he has failed to perform marital obligations for three years.
- He was impotent at marriage and remains so.
- He has been insane for two years or has a virulent venereal disease.
- She was married by a father or guardian before age fifteen, rejected the marriage before age eighteen, and the marriage was not consummated.
- He treats her cruelly, including assault, making her life miserable, interfering with her property or legal rights, obstructing religious practice, attempting to force immoral conduct, or treating multiple wives inequitably.
- Another ground is recognised as valid under Muslim law.
Important procedures and protections
The Dissolution of Muslim Marriages Act, 1939 provides that:
- A decree based on an unknown whereabouts does not take effect for six months. It may be set aside if the husband appears and satisfies the Court that he is prepared to perform conjugal duties.
- In a missing-husband suit, the plaint must identify and give the addresses of persons who would have been his heirs. They must receive notice and may be heard.
- For impotence, the husband may apply for one year to satisfy the Court that the condition has ended.
- Renouncing Islam or converting to another faith does not by itself dissolve a married Muslim woman's marriage. She may still seek a decree on the listed grounds.
- Dissolution under the Act does not affect any right to dower or part of a dower under Muslim law.
- Section 6 is recorded as repealed.
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Common questions
Does a Muslim woman's conversion to another faith automatically end her marriage?
No. Renouncing Islam or converting to another faith does not by itself dissolve the marriage, although she may seek dissolution on the grounds provided by the Act.
Can a woman seek dissolution if her husband's whereabouts are unknown?
Yes, if his whereabouts have not been known for four years. The resulting decree does not take effect for six months and may be set aside if he appears and satisfies the Court that he is prepared to perform his conjugal duties.
Does dissolution under this Act remove a woman's right to dower?
No. The Dissolution of Muslim Marriages Act, 1939 states that it does not affect any right she may have under Muslim law to her dower or any part of it.
Can interference with a woman's property support a dissolution claim?
Yes. Cruelty includes a husband disposing of her property or preventing her from exercising her legal rights over it.
