As a law firm representing our clients, we offer this informative and detailed opinion on Section 2 of The Dissolution of Muslim Marriages Act, 1939 (India). This section provides for the grounds on which a Muslim woman can seek dissolution of her marriage, including cruelty, desertion, failure to maintain and impotence.
Firstly, it is important to note that Indian Muslims are governed by their personal laws as opposed to the common civil code applicable to Hindus. The Dissolution of Muslim Marriages Act forms part of this personal law regime in India.
Under Section 2(a), if a husband has failed to treat his wife with kindness or has been cruel towards her then she can seek dissolution of marriage. Cruelty can be physical or mental abuse inflicted upon the wife that endangers her life or health. In Babloo Pasi vs State of UP (2010) case, physical assault towards pregnant wife was considered as cruelty for dissolution.
Under Section 2(b), if a husband abandons his wife without any justification for two years prior to filing an application seeking divorce from him then she can approach court under this provision. Desertion should be willful and discriminating against the legal obligation of married relationship leaving no room for reconciliation between spouses. In Sitara Begum Vs Md Akbar Ali Khan(2003) Case Court held that even though Husband claimed he had sent money through remittance but they were not received by family members which was unwillingness on his part leaving Wife helpless in foreign land leading justifying Appeal.
Section 2(c) states that if a husband fails to provide financial support henceforth any reasonable means since their marriage took place despite being capable financially then it could be Grounds for Divorce . This provision applies when Husband refuses payment without appropriate excuse making living conditions difficult while married . Imposition leads hardships over dependent children too says KokilaBai pravinbhai patel & Ors Vs Sureshbhai Dahyabhai Patel and Anr (2019).
Lastly, under Section 2(d), if the husband is impotent then the wife can seek dissolution of marriage. Impotency should be lifelong a situation where husband is incapable of having sexual intercourse with his wife . Moreover court requires evidence that this condition was present at time of marriage and still in existence to satisfy intent behind law. A case was presented before High Court Of Judicature At Allahabad In Sunil Kumar Baliyan V/s Kumari Chhavi Baliyan(2014) which revealed non-consummation due to abnormalities found as impotency.
This section holds utmost important relevance for Non Resident Indians (NRI) especially women since they lack understanding regarding Indian Personal Law regime or carryout their matrimonial disputes abroad making it more difficult to have legal protection in India. These grounds are highly useful for them as they need not follow other procedure but just prove any one ground mentioned above without bringing into question marital status beforehand.
In conclusion, Section 2 of The Dissolution of Muslim Marriages Act provides relief to Muslim women who face cruelty, desertion, failure to maintain and impotence in their marriages by giving them an option to dissolve their matrimonial bonds through judicial process. It forms part of the larger personal law regime applicable only on Muslims in India thereby bringing uniformity across all states while taking care that no injustice happens upon Women irrespective being resident outside India because grounds stated are eternal so presumption would hold even if perpetuated beyond geographical boundaries too overcoming jurisdictional issues for justice delivery mechanisms /for such cases extra territorial issue will arise hence communication between countries becomes necessary while resolving such sensitive matters.”