An Act to consolidate and clarify the provisions of Muslim Law relating
to suits for dissolution of marriage by women married under Muslim Law
and to remove doubts as to the effect of the renunciation of Islam by
a married woman on her marriage tie.
it is expedient to consolidate and clarify the provisions of Muslim
Law relating to suits for dissolution of marriage by women married under
Muslim Law and to remove doubts as to the effect of the renunciation
of Islam by a married Muslim woman on her marriage; it is hereby enacted
title and extent.
(1) This Act may be called the Dissolution of Muslim Marriages
(2) It extends to all the provinces and the Capital of the Federation.
2. Grounds for decree for dissolution of marriage.
A woman married under Muslim Law shall be entitled to obtain a decree
for the dissolution of her marriage on any one or more of the following
the whereabouts of the husband have not been known for a period of four
(ii) that the husband has neglected or has filed to provide for
her maintenance for a period of two years;
(ii-A) that the husband has taken an additional wife in contravention
of the provisions of the Muslim Family Laws Ordinance, 1961;
(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 marital 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 has been insane for a period of two
years or is suffering from leprosy or a virulent venereal disease;
(vii) that she, having been given in marriage by her father or
other guardian before she attained the age of sixteen years, repudiated
the marriage before attaining the age of eighteen years:
that the marriage has not been consumated;
the husband treats her with cruelty, that is to say,
(a) habitually assaults her or makes her life
miserable by cruelty of conduct even if such conduct does not amount
to physical ill-treatment, or
(b) associates with women of evil repute of
leads an infamous life, or
(c) attempts to force her to lead an immoral
(d) disposes of her property or prevents her
exercising her legal rights over it, or
(e) obstructs her in the observance of her religious
profession or practice, or
(f) if he has more wives than one, does not
treat her equitably in accordance with the injunctions of the Quran,
any other ground which is recognized as valid for the dissolution of
marriages under Muslim Law,
(a) no decree passed on ground (i) shall take effect
for a period of six months from the date of such decree, and if the
husband appears either in person or through an authorised agent within
that period and satisfies the Court he is prepared to perform his conjugal
duties the Court shall set aside the said decree; and
(b) before passing a decree on
ground (v) the Court shall, on application by the husband, make an order
requiring the husband to satisfy the Court within a period of one year
from the date of such order that he has ceased to be impotent, and if
the husband so satisfied the Court within such period, no decree shall
be passed on the said ground.
3. Notice to be served on heirs of the husband when the husband’s whereabouts
are not known.
In a suit to which clause (i) of section 2 applies:
(a) the names and addresses of the persons who would have been
heirs of the husband under Muslim Law if he had died on the date of
the filing of the plaint shall be stated in the plaint.
(b) notice of the suit shall be served on such persons, and
(c) such persons shall have the right to be heard in the suit:
Provided that paternal-uncle and brother of the husband, if any, shall
be cited as party even if he or they are not heirs.
of conversion to another faith.
The renunciation of Islam by a married Muslim woman or her conversion
to a faith other than Islam shall not by itself operate to dissolve
Provided that after such renunciation, or conversion, the woman shall
be entitled to obtain a decree for the dissolution of her marriage on
any of the grounds mentioned in section 2;
Provided further that the provisions of this section shall not apply
to a woman converted to Islam from some other faith who re-embraces
her former faith.
to dower not be affected.
Nothing contained in this Act shall affect any right which a married
woman may have under Muslim law to her dower or any part thereof on
the dissolution of her marriage
of section 5 of Act, XXVI of 1937)
Rep. by the Repealing and Amending Act, 1942 (XXV of 1942), section
2 and First Sch.