The Dissolution of Muslim Marriages Act, 1939 (DMMA) — Bare Act, All Sections & Free PDF
मुस्लिम विवाहों का विच्छेद अधिनियम, 1939
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Overview
Enacted in 1939, the Dissolution of Muslim Marriages Act legally governs the divorce rights of Muslim women in India. Its primary purpose is to provide statutory grounds for a woman to seek judicial separation. Applicable nationwide, this crucial legislation codifies specific grounds like cruelty, desertion, and failure to maintain, protecting vulnerable women from arbitrary marriages and ensuring gender justice comprehensively.
1939 में लागू, मुस्लिम विवाहों का विच्छेद अधिनियम भारत में मुस्लिम महिलाओं के तलाक अधिकारों को नियंत्रित करता है। इसका उद्देश्य महिलाओं को न्यायिक पृथक्करण हेतु विधिक आधार देना है। यह देशव्यापी कानून क्रूरता और परित्याग जैसे आधार तय करता है। यह कमजोर महिलाओं की सुरक्षा करते हुए इस्लामी व्यक्तिगत कानून के तहत लिंग समानता और न्याय सुनिश्चित करता है।
What is DMMA
The Dissolution of Muslim Marriages Act, 1939 is a crucial Indian personal law statute that legally governs a Muslim woman's right to seek divorce. Officially enforced on March 17, 1939, this Act did not replace a specific prior statute but codified scattered Islamic jurisprudence into a unified statutory framework.
Its primary objective is to relieve Muslim women from marriages that have irretrievably broken down due to specific grounds. The Act explicitly outlines nine distinct grounds for divorce, including cruelty, desertion for two years, failure to maintain for two years, imprisonment of the husband for seven years, and the husband's failure to perform marital obligations for three years.
It also allows divorce if the husband is impotent or insane. By providing a formal judicial mechanism, the Act protects vulnerable women from oppressive marital bonds, ensuring their dignity and rights within the framework of Islamic principles across India comprehensively and effectively today.
Sections (Showing 1 to 6 of 6)
Section 1 to Section 6 (6 Sections)
Short title and extent.
(1) This Act may be called the Dissolution of Muslim Marriages Act, 1939. (2) It extends to the whole of India 1 [ 2 ***] 3 . .
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 whereab...
Notice to be served on heirs of the husband when the husband’s whereabouts are not known.
In a suit to which clause (i) of section 2 applies-- (a) the names and addresses of the persons who would have been the heirs of the husband under Muslim law if he had died on the ...
Effect of conversion to another faith.
The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage : Provided that after such re...
Rights to dower not to be affected.
Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage.
Repealed.
[Repeal of section 5 of Act 26 of 1937.] Rep. by the Repealing and Amending Act , 1942 (25 of 1942), s . 2 and the First Schedule .
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Disclaimer: This bare act is reproduced for general informational and reference purposes only and does not constitute legal advice. Always verify provisions against the latest official gazette and consult a qualified advocate before relying on any section.