Grounds for decree for dissolution of marriage
Section 2 of the Dissolution of Muslim Marriages Act, 1939 deals with grounds for decree for dissolution of marriage. A woman married under Muslim law shall be entitle to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:-- (i) that the whereabouts of the husband have not been known for a period of four years; The Act came into force on 17 Mar 1939.
A woman married under Muslim law shall be entitle to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:--
(i) that the whereabouts of the husband have not been known for a period of four years;
(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;
(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
(v) that the husband was impotent at the time of the marriage and continues to be so,
(vi) that the husband has been insane for a period of two years or is suffering from 3 *** a virulent venereal disease;
(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years :
Provided that the marriage has not been consummated ;
(viii) that the husband treats her with cruelty, that is to say,--
(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property of prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran;
(ix) on any other ground which is recognised as valid for the dissolution of marriages under muslim law :
Provided that--
(a) no decree shall be passed on ground (iii) until the sentence has become final;
(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and
(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.
Section 2, The Dissolution of Muslim Marriages Act, 1939 (Act 8 of 1939).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mammadh M.V. v. Mariyumma M.P.
Court's Decision & Legal Precedent
Final Order order-1.pdf 2013-09-26 DATE-CHECK VERIFY (body recites Family Court 2009-12-09, marriage 2003-11-27 and desertion 2005-01-01 as fact dates; heading is 26 September 2013). Antony Dominic + P.D. Rajan DB. Mat. Appeal 334/2011 with 335/2011. Isolate: Dissolution of Muslim Marriages Act s.2 — failure to perform marital obligations for three years (s.2(iv)) and neglect of maintenance for more than two years (s.2(ii)) are proved and amount to cruelty under s.2(viii); Family Court dissolution decree affirmed. Map 2 only.
On this section: Dissolution of Muslim Marriages Act s.2(ii) and s.2(iv) (neglect of maintenance over two years; failure to perform marital obligations for three years) ground a wife's decree of dissolution and may constitute cruelty under s.2(viii) (Mammadh).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 2
What have the courts held on Section 2 of the Dissolution of Muslim Marriages Act?
Mammadh M.V. v. Mariyumma M.P. (26 Sep 2013) is the leading judgment on this section among those set out below: Dissolution of Muslim Marriages Act s.2(ii) and s.2(iv) (neglect of maintenance over two years; failure to perform marital obligations for three years) ground a wife's decree of dissolution and may constitute cruelty under s.2(viii) (Mammadh).
How do I find court cases under Section 2 of the Dissolution of Muslim Marriages Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Dissolution of Muslim Marriages Act 2, section 2 Dissolution of Muslim Marriages Act, section 2 of the Dissolution of Muslim Marriages Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mammadh M.V. v. Mariyumma M.P. (26 Sep 2013).
What should I read with Section 2 of the Dissolution of Muslim Marriages Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 2 of the Dissolution of Muslim Marriages Act come into force?
Section 2 of the Dissolution of Muslim Marriages Act, cited as Dissolution of Muslim Marriages Act 2, came into force on 17 Mar 1939, having been enacted on 17 Mar 1939. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.