The Dissolution of Muslim Marriage Act, 1939
- YourLawArticle
- Mar 27
- 1 min read
Author by : Shadab Khan, B.A LL.B, Faculty of Law, Jamia Millia Islamia University, New Delhi
Abstract
The Dissolution of Muslim Marriage Act, 1939, is a landmark legislation that grants Muslim women the right to seek divorce on specific grounds. It also counterbalances the husband's unilateral power of Talaq. This research explores the Act’s key provisions, addressing why it was introduced, its impact on Muslim personal law, and its contemporary relevance. The Act was essential in clarifying and codifying the grounds for dissolution available to women, ensuring legal protection against unjust marital conditions. Our study examines the various grounds for divorce under Section 2, including desertion, failure to provide maintenance, imprisonment, impotence, insanity, cruelty, and inequitable treatment in polygamous marriages. Furthermore, we analyse the Act’s impact on the legal status of Muslim women and how courts have interpreted its provisions over time. Our findings also highlight certain ambiguities in some provisions, such as the unclear definition of "cruelty" and whether conditions like impotence and insanity apply pre- or post-marriage. The Act's recognition of a woman's right to dissolve marriage based on equity and justice marked a significant shift in personal law, though judicial interpretations have varied. These findings are crucial in the broader discourse on gender justice in personal laws, as they underscore the need for clearer legal definitions and potential reforms to further empower Muslim women.
Keywords: Talaq, Dissolution, Maintenance, Cruelty, Polygamy
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