Dissolution of Muslim Marriage Act, 1939

 

Dissolution
of Muslim Marriage Act [VIII of 1939]


Section 2
(VIII) (a) –

Restitution
of conjugal rights by the husband

Cruelty
of conduct of the husband is a valid ground to refuse such rights. Compelling
the wife to do domestic work amounts to cruelty of conduct. Under the provision
of section 2(VIII) of the Dissolution of Muslim Marriage Act physical assault
and making the life of the wife miserable by cruelty of conduct even if such conduct
does not amount to physical ill–treatment are cruelty– In the well–to­do family
of the parties compelling the wife to do domestic work is also physical and
mental torture. Physical and mental torture of the wife is not only an offence
but also a valid ground to refuse restitution of conjugal rights to the husband
and to allow maintenance to her in terms of the Nikahnama as she was compelled
to leave the husband’s house on account of his cruelty.

Hosne Ara
Begum vs Alhaj Md Rezaul Karim 43 DLR 543.

 

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