Muslim Law

Judicial Divorce :

 Muslim wife has no absolute right to get divorce under the muslim law
 Whereas some maliki principle provided that married women could get her marriage
dissolved by court
 The section 2 of Dissolution of muslim marriage Act 1939 provides that women shall be
entitled to obtain a decree of divorce from court, the grounds for the same includes :
Husband missing for 4 years
Failure or negligence to provide maintenance for 2 years
Husbands imprisonment for 7 years
Failure to perform marital obligation for 3 years
Continued impotency of husband
Insanity for 2 years
Virulent / veneral diseases
Cruelty from husbands part

Option of puberty

 Repudiation of marriage contracted before puberty is known as option of puberty

 When miner is given in marriage by father or grandfather , the minors right to terminate
such marriage is called repudiation of marriage
 When the child is given in marriage by the guardian other than the father or grandfather
the right to terminate such marriage is known as option of puberty
 The requirement to exercise the option of puberty are:
Plaintiff marriage performed when she is minor
Consummation of marriage shouldn’t have taken place
Repudiated immediately on reaching puberty
Marriage by guardian other than father or grandfather

If the minor doesn’t know that she has the right to repudiate the marriage but gets to know about
this right after a reasonable period the also she can avail the right of repudiation.