Sunday, May 11, 2014
Landmark Interpretation of the provisions of Dissolution of Muslim Marriage Act, 1939, by Delhi High Court
Interpreting a 75-year-old law, Delhi high court has held that a non-Muslim woman who embraces Islam after marriage but reconverts to her original faith can dissolve the union due to apostasy. Granting divorce under the Dissolution of Muslim Marriages Act 1939 to Sultana (name changed), a division bench of Justice S Ravindra Bhat and Justice Najmi Waziri also clarified there is no requirement in such circumstances for a woman who leaves the pale of Islam to prove her act in a trial. The mere act of apostasy dissolves the marriage if she so desires. "Were a woman married under Muslim personal law to apostatize, the marriage stands dissolved. In such circumstances, the woman is entitled to seek a decree of declaration that the marriage stands dissolved from the date of her apostatizing," Justice Waziri explained.
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