Dissolution of Muslim Marriages Act, 1939

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THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 
 
 
 
CONTENTS 
1 Short title and extent 
2 Grounds for decree for dissolution of marriage 
3 Notice to be served on heirs of the husband when the husbands’ whereabout are not known 
4 Effect of conversion to another faith 
5 Rights to dower not to be affected 
6 [Repealed] 

 
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THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 
ACT No. VIII OF 1939 
[17th March, 1939] 
An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution  
of marriage by women married under Muslim law and to remove doubts as to the effect of the  
renunciation of Islam by a married Muslim woman on her marriage tie. 
 WHEREAS it is expedient to consolidate and clarify the provisions of Muslim law relating to 
suits for dissolution of marriage by women married under Muslim law and to remove doubts as to 
the effect of the renunciation of Islam by a married Muslim woman on her marriage tie; It is hereby 
enacted as follows:__ 
 1. Short title and extent. __(1) This Act may be called the Dissolution of Muslim Marriages 
Act, 1939. 
 1[(2) It extends to the whole of Pakistan.] 
 2. Grounds for decree for dissolution of marr iage. A woman married under Muslim Law 
shall be entitled 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; 
2[(iia)  that the husband has taken an additional wife in contravent ion of the 
provisions of the Muslim Family Laws Ordinance, 1961;] 
(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 impotant 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 
leprosy or a virulent venereal disease; 
 
 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch., (with effect from the 14th October, 1955). 
2Ins. by the Muslim Family Laws Ordinance, 1961 (VIII of 1961), s. 13 (with effect from the 15th July, 1961). 
 
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(vii)  that she, having been given in marriage by her father or other guardian before 
she attained the age of 1[sixteen] years, repudiated the marriage before 
attaining the age of eighteen years: 
 Provided that the marriage has not been consummated;  
2[(viia) lian; 
    Explanation.__ Lian means where the husband has accused his wife of 
   zina and the wife does not accept the accusation as true.] 
(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 
ill­treatment, 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 or 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 Quran; 
(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 authori sed 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 
 
 
 
1Subs. by the Muslim Family Laws Ordinance, 1961 (VIII of1961), s. 13 (with effect from the 15th July, 1961).  
2Ins. by the Protection of Women (Criminal Laws Amendment) Act, 2006 (VI of 2006), s. 29. 
 
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(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. 
 3. Notice to be served on heirs of the husband when the husbands ’ whereabout 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 date of the filing of the plaint 
shall be stated in the plaint, 
(b)  notice of the suit shall be served on such persons, and 
(c)  such persons shall have the right to be heard in the suit: 
 Provided that paternal uncle and brother of the husband, if any, shall be cited as party even if 
he or they are not heirs. 
 4. 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 renunciation, or conversion, the woman shall be entitled to obtain a 
decree for the dissolution of her marriage on any of the grounds mentioned in section 2: 
 Provided further that the provisions of this section shall not apply to a woman converted to 
Islam from some other faith who re­embraces her former faith. 
 5. 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. 
 6. 1[Repealed]. 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 29-05-2024 
1Rep. by the Repealing and Amending Act, 1942 (XXV of 1942), s. 2 and 1st Sch.