Grounds for Divorce Under Muslim Law (Section 2, Dissolution of Muslim Marriages Act, 1939)
- Husband missing for four years – S.2(i)
If the husband’s whereabouts have not been known for 4 years, she may seek divorce.
Decree takes effect after 6 months unless the husband appears. - Husband failed to maintain for two years – S.2(ii)
If the husband neglects or fails to provide maintenance for 2 years without reasonable cause. - Husband sentenced to 7 years or more – S.2(iii)
If he is imprisoned for 7 years or upwards.
Divorce is granted only after the conviction becomes final. - Failure to perform marital obligations for 3 years – S.2(iv)
If the husband has not fulfilled marital duties for 3 years without valid reason. - Impotency – S.2(v)
If he was impotent at the time of marriage and continues to be so.
Court gives him up to 1 year to prove potency before granting divorce. - Insanity or venereal disease – S.2(vi)
If the husband has been:
insane for 2 years, or
suffering from a virulent venereal disease
(“leprosy” was removed as a ground in 2019). - Option of puberty – S.2(vii)
If she was married before age 15 and repudiates (rejects) the marriage before age 18, provided the marriage was not consummated. - Cruelty – S.2(viii)
Cruelty includes:
habitual assault or conduct making her life miserable
husband living an infamous life or associating with disreputable women
trying to force her into immoral life
disposing of her property or restricting her rights over it
obstructing her religious practice
not treating her equitably if he has more than one wife - Any other ground recognized under Muslim law – S.2(ix)
Covers all other valid grounds traditionally accepted in Muslim law for dissolving marriage (e.g., apostasy before the 1939 amendment, chronic cruelty, etc.).