If husband has been sentenced to imprisonment for a period of or upward the wife is entitled to decr...........

Muslim Law Marriage under Muslim law

If husband has been sentenced to imprisonment for a period of _______or upward the wife is entitled to decree of the Court dissolving her marriage.

7 years

5 years

2 years

9 years

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Explanation:

Section 2 of Dissolution of Muslim Marriage Act, 1939 states nine grounds on which a Muslim wife can obtain a decree of divorce:-

Absence of Husband– whereabouts of the husband are not known from the past four years. Dissolution of marriage decree on this ground will take effect after six months from the date of such decree is passed, and during that period if the husband appears in person or through an authorizes agent. Court if satisfied from same may set aside the said decree.

Failure to maintain- If a husband fails to provide maintenance to his wife for two years. There is no defence available before husband on the ground of poverty, failing health or unemployment.

Imprisonment of a husband- If the husband is imprisoned for seven years or more.

Failure to perform marital duties- If, without any reasonable cause, the husband is unable to perform his marital obligations for three years.

Impotency of husband- husband was impotent at the time of marriage and continues to be so. If the husband within one year from the date of the order obtained by wife for dissolution of marriage on the grounds of impotency on application satisfies the Court that he ceased to be impotent. If the husband satisfies the court, then no decree shall be passed on this ground.

Insanity, leprosy or venereal disease- If the husband is insane or suffering from leprosy, or any venereal disease from a period of two years, judicial divorce by wife can be claimed on the same ground.

Repudiation of marriage by wife- If a girl is married before the age of 15 years by her father or guardian, then under Muslim law she has been provided with a right to repudiate such marriage after attaining the age of 18 years provided that marriage is not consummated. She is entitled to a decree of divorce for same.

Grounds of dissolution recognised by Mohammedan Law- Wife is also entitled to obtain a divorce on the ground recognised valid under the law.

Cruelty by husband- if the husband treats his wife with cruelty, then she can approach the Court and claim for a decree of judicial separation on the same ground.