Question

Under the Dissolution of Muslim Marriages Act, 1939, a Muslim wife can seek dissolution of marriage if the husband fails to perform marital obligations for:

• A. 2 years
• B. 3 years
• C. 4 years
• D. 5 years

Hint:

Under the Dissolution of Muslim Marriages Act, 1939:
- 2 years → Failure to provide maintenance (S.2(ii))
- 3 years → Failure to perform marital obligations (S.2(iv))
- 4 years → Husband's whereabouts unknown (S.2(i))

Answer 1

The Correct Option is B

Step 1: Understanding the Provision.
The Dissolution of Muslim Marriages Act, 1939, provides specific grounds under which a Muslim wife can obtain a decree for the dissolution of marriage. These grounds are enumerated under Section 2 of the Act.

Step 2: Detailed Explanation.
According to Section 2(iv) of the Act, a Muslim wife is entitled to seek a decree of dissolution if the husband "has failed to perform, without reasonable cause, his marital obligations for a period of three years."
This provision protects a wife's right to end a marriage where the husband neglects or avoids his marital duties without a valid reason.
It is important to distinguish this from other grounds mentioned in the same section: - Section 2(ii): Failure to provide maintenance for a period of 2 years.
- Section 2(i): Whereabouts of the husband unknown for 4 years.
Thus, for failure to perform marital obligations, the specified duration is 3 years.
Step 3: Final Answer.
Under Section 2(iv) of the Dissolution of Muslim Marriages Act, 1939, a Muslim wife can seek dissolution of marriage if her husband fails to perform marital obligations for a continuous period of 3 years.