Fatima, a 14 years old Muslim girl, was given in marriage by her father. During their honeymoon, the marriage was consummated. Shortly after that, she returned to her parent’s house. She repudiates her marriage on attaining the age of 15 and refused to go to her husband’s house. Advise Fatima as to the Ground on which she may obtain a dissolution of her marriage.

By | April 26, 2022
Muslim Law Mains Question Answer

Last Updated on by Admin LB

Question: Fatima, a 14 years old Muslim girl, was given in marriage by her father. During their honeymoon, the marriage was consummated. Shortly after that, she returned to her parent’s house. She repudiates her marriage on attaining the age of 15 and refused to go to her husband’s house. 

Advise Fatima as to the Ground on which she may obtain a dissolution of her marriage.

Find the answer only on Legal Bites. [Fatima, a 14 years old Muslim girl, was given in marriage by her father. During their honeymoon, the marriage was consummated. Shortly after that, she returned to her parent’s house. She repudiates her marriage on attaining the age of 15 and refused to go to her husband’s house. Advise Fatima as to the Ground on which she may obtain a dissolution of her marriage.]

Answer

In Ms. Jordan Diengdeh v. S.S. Chopra, the apex court observed that if the husband marries a girl below the age of 15 years and the girl has repudiated or withdrawn herself from the marriage before attaining the age of 18 years, she can claim judicial separation.

The court also gives another ground for the dissolution of Muslim marriage which are following:-

  1. If the husband is missing and his whereabouts are not known for more than 4 years. For instance, if the husband is serving in the armed forces and went missing on a mission or if confident information is received that he has died in a battle but he returns after 5 years. In these cases, judicial separation can be obtained.
  2. If the husband does not maintain his wife and neglects her needs and requirements for a period of two years or more, the wife can apply for judicial separation.
  3. If the husband is convicted for any offence punishable with the minimum punishment of 7 years of imprisonment or for any other offence where he has been sentenced to 7 years of imprisonment, the wife can claim judicial separation.
  4. If the husband has abstained from fulfilling his marital obligations such as taking care of his wife and children, and meeting the emotional and physical needs of the wife, for a period of three years or more, judicial separation can be obtained.
  5. If the wife finds out that her husband is impotent and the information was not disclosed to her during the marriage, she can file for judicial separation.
  6. If the husband suffers from leprosy or any other form of the venereal disease it is likely to be communicable.
  7. If the husband commits cruelty upon the wife, habitually beats her, and tortures her, the wife can plead for judicial separation.

Obtaining a decree of judicial separation is like obtaining a decree of divorce. The spouse who seeks judicial separation has to file a petition for judicial separation before the district court or the family court mentioning the ground or grounds under which judicial separation is claimed. If the court is satisfied with the grounds and the case is properly made out, the spouses can get judicial separation.

The wife is expected to leave the house of the husband and return to her parent’s home or any other place that is comfortable. If the wife does not have any place to go, the marital home must be given to the wife and the husband has to leave the marital home and find someplace to dwell.

Further, in general, the wife is liable to maintain herself, and the amount paid for the dower is also not returned during judicial separation. Until the decree for divorce is duly obtained by the spouses, the dower remains with the husband. However, in Sohan Lal v. Kamlesh (AIR 1984 P H 332), the Punjab and Haryana High Court clearly held that the wife is entitled to maintenance from the husband during judicial separation if she is unable to maintain herself. Thus, the rule also applies to Muslims as well.


Spread the love

Leave a Reply

Your email address will not be published.