Dissolution of Muslim Marriage Act, 1939

  1. Woman has right to exercise the option of puberty before attaining the age of 18 years. Muhammad Saeed v. Begum Noor  1998 SCR 133 (A)
  2. Section 2 — cruelty — its kinds and nature — matrimonial matter. Held: the term ‘cruelty’ is not only confined to physical assault or infliction of physical injuries rather it being a comprehensive term as elaborated in the statutory provisions which includes all types of cruelty which may be classified as legal, mental and physical. Muhammad Sabil Khan & another v. Saima Inshad. 2014 SCR 718 (C) Shamim Akhtar v. Arshad Mehmood (Civil Appeal No. 57/2010 decided on 15-03-2013) rel.
  3. Section 2 — Grounds for decree for dissolution of marriage — non-providing of maintenance — Held: that non-providing of maintenance for a period of two years is also one of the ground on which the decree can be passed.Khalid Mehmood v. rveen Akhter & another 2015 SCR 512 (A)
  4. Section 2 — non-maintenance — requirement of law, to prove — the grounds mentioned in section 2 — for decree of the dissolution of marriage — Held: It is not requirement of law, to prove all the grounds mentioned in section 2 of the Dissolution of Muslim Marriage Act, 1939, if anyone of the grounds is proved the decree for the dissolution of marriage can be passed. Further held: Once it is found that wife is entitled to get the decree on the ground of non-maintenance, the marriage can be dissolved on that ground. Khalid Mehmood v. Parveen Akhter & another 2015 SCR 512 (B)
  5. Section 2 — A wife can apply for dissolution of marriage on any one of the grounds enumerated in the section — Not necessary to prove all grounds. Mst. Ranita Siddique v. Abdul Rehman 2016 SCR 1377 (B) 2014 PSC 531 rel.
  6. —Section 2—term ‘cruelty’ with reference to matrimonial matter is to be judged within the parameters of statutory provision– which speaks of different kinds and natures of cruelty— ‘cruelty’ is not only confined to physical assault or infliction of physical injuries rather it, being a comprehensive term as elaborated in the statutory provision which includes all types of cruelty which may be classified as legal, mental and physical. Mehvish Kazmi versus Parvaiz Hussain & another 2021 SCR 609 (C)
  7. —Section 2—grounds for dissolution of marriage—nonprovision of maintenance is itself a form of cruelty which serves as one of the grounds on which the decree for dissolution of marriage can be passed—once it is found that wife is entitled to get the decree on the ground of non-maintenance, the marriage can be dissolved on that ground Mehvish Kazmi versus Parvaiz Hussain & another 2021 SCR 609 (G & H)
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