1. Relevant provisions:
Sec 3,4 of the dissolution of Muslim family law
ordinance 1939.
2. Grounds for dissolution
of marriage:
Following are the grounds for the dissolution of
marriage.
I. Absence of the husband:
The wife is entitled to obtain a decree for the
dissolution of the marriage if the whereabouts of the husband have not been
known for a period of four years.
Condition:
Decree passed by the court will not take effect
for a period of six month from the date of such decree and if the husband
appears, either in person or through an agent within that period and satisfies
the court that the he is prepared to perform his conjugal duties the court
shall set aside the decree.
II. Failure to provide
maintenance:
Failure to provide maintenance for a period of
two years entitles the wife to obtain a decree for the dissolution of the
marriage.
III. Imprisonment:
If the husband has been sentenced to
imprisonment for a period of seven years or more, the wife is entitled for a
decree of dissolution of marriage.
Condition:
Decree will be passed only if the sentence has
become final.
IV. Impotency:
The wife is entitled to obtain a decree of
divorce if the husband was impotent at the time of marriage and continues to be
so.
Condition:
No decree will be passed if the husband
satisfies the court within one year that he has ceased to be impotent.
V. Insanity:
The wife is entitled to obtain a decree for
divorce. if the husband has been insane for a period of two years or is
suffering from leprosy or a virulent mental disease.
VI. Failure to perform
marital obligation:
The wife is entitled for a decree of divorce if
her husband has failed to perform without reasonable cause his marital
obligations for a period of three years.
VII. Repudiation:
A wife is entitled to obtain a decree for the
dissolution of the marriage on the ground that.
(a) She was given in the marriage by her father or
guardian before she attained the age of 15 years.
(b) The marriage has been consummated.
(c) She has repudiated the marriage before
attaining the age of 18 years.
VIII. Cruelty:
The wife is entitled for a decree of dissolution
of marriage if her husband treats her with cruelty.
(i) Types of cruelty"
Following are different types of cruelty.
(a) Habitually assault:
If the husband habitually assaults her or makes
her life miserable by cruelty or conduct even if such conduct dose amount to
physical ill treatment.
(b) Association with bad women:
The husband associates with women of evil repute
or leads an infamous life.
(c) Immoral life:
The husband attempts to force the wife to lead an immoral life.
(d) Disposition form
property:
The husband disposes of her property or prevents her form exercising her
legal rights over it.
(e) Obstruction in
religious affairs:
The husband obstructs her in the observance of her religious profession
of practice.
(f) Inequitable Treatment:
If the husband who has more wives than one and does not treat equitable
in accordance with injunction of Quran.
IX. Any other reasonable
ground:
The wife is entitled to a decree on any other reasonable ground.
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