This article deals with the rights of a married Muslim woman to call for a divorce. According to Section 2 of the Muslim Marriage Act, 1939, a married woman under Muslim Law, is entitled to obtain divorce on any one or more of the following grounds:
- Whereabouts of the husband is not known for a period of four years. A decree on this does not take effect for a period of six months from the date of pronouncement of such decree. If the husband, either in person or through an authorized agent, within that period, satisfies the court that he is prepared to perform his conjugal duties, the court will set aside the decree.
- The husband has neglected or failed to provide for the maintenance of his wife for a period of atleast two years. Failure to maintain the wife need not be willful. It can be due to poverty, ill health, unemployment, imprisonment or any other such cause. Even if the wife is self-sufficient, it is still the duty of the husband to maintain her.
- The husband has been sentenced to imprisonment for a period of seven years or more. No decree of divorce can be passed on this ground before the sentence becomes final and non-commutable.
- The husband has failed to perform marital obligations for a period of atleast three years. The failure must, however, be without reasonable cause.
- The husband has been suffering from insanity for a period of atleast two years.
- The husband has been suffering from virulent or venereal disease. It must be of an incurable nature.
- The husband was impotent at the time of marriage and continues to be so. However, on the application by the husband, the court will make an order requiring the husband to satisfy the court within one year of the date of passing of such order that he has ceased to be impotent. If the husband henceforth proves this, no decree can be passed on this ground.
- The wife had been married off by her guardian before attaining the age of 15years.She can repudiate the marriage on attaining the age of 15 but before completing the age of 18 provided that the marriage in question has been consummated. This is also known as khayar-ul-bulugh.
- The husband has treated his wife with cruelty. Cruelty may be in the form of habitual assault, association of the husband with a woman of evil repute, attempt by the husband to force his wife to lead an immoral life etc.
- The husband disposes of the property of his wife. This should be without her consent.
- The husband restricts her in the observance of her religious practices.
- The husband has more than one wife and does not treat her equally, in accordance with the injunction of the Quran.
- The wife is entitled to get divorce on other specified grounds under the Muslim Personal Law like Khula, Ila, Zihar, Mubarat.