Dissolution of Muslim Marriages Act 1939
Judicial divorce may also be granted without the husband’s consent if the wife is not willing to forgo her financial rights.
Grounds for Judicial Divorce
Grounds on which a woman may seek judicial divorce include:
Desertion by husband for four years,
Failure to maintain for two years
Husband’s imprisonment for seven years,
Husband’s failure to perform marital obligations for three years,
Husband’s continued impotence from the time of the marriage
Husband’s insanity for two years or his serious illness
Wife’s exercise of her option of puberty if she was contracted into
marriage by any guardian before the age of 16 and repudiates the
marriage before the age of 18 (as long as the marriage was not
Husband’s cruelty (including physical or other mistreatment, unequal
treatment of co-wives),
Any other ground recognised as valid for the dissolution of marriage
under Muslim laws.
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