Legal Article

Territorial jurisdiction under the dissolution of the muslim marriage act 1939

Shivendra Pratap Singh


High Court Lucknow

Article | Family Law

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Published on: 22 Jan, 2023

The Dissolution of Muslim Marriage Act 1939 is a law in India that governs the dissolution of Muslim marriages. The Act provides for the dissolution of Muslim marriages on these grounds.

Under the Act, territorial jurisdiction for the dissolution of Muslim marriages is determined by the place of residence of the parties to the marriage. Regarding territorial jurisdiction, the act states that a Muslim woman can file a petition for divorce in a court within whose jurisdiction she resides or where the marriage was solemnized or where the husband resides.

It’s worth noting that while the act governs the dissolution of Muslim marriages, it doesn’t cover other matters like maintenance, custody, and inheritance. These matters are governed by the personal laws of Muslims and the court’s decision is based on the principles of Muslim law.