ENACTMENT NO. 1 OF 1966
SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966

PART III - MARRIAGE AND DIVORCE



Section 71. Dissolution of marriage.

(1) A married woman may apply by suit in the Court of a Kadhi for a decree of dissolution of marriage, or "fasakh", in accordance with Hukum Shara'.

(2) In any such case the Court shall if possible serve the husband, or, if satisfied by evidence on oath or affirmation that the husband is not in the State or cannot be found, shall serve notice of the proceedings on the nearest male relative of the husband resident in the State, or, if no such person be known, shall cause notice to be posted on the husband's last known place of residence in the State.

(3) No decree shall be pronounced save in accordance with the provisions of Hukum Shara' and in pursuance of the evidence of the married woman and at least two witnesses given on oath or affirmation.

(4) Upon pronouncing a decree of dissolution of marriage the Kadhi shall register the same as a divorce and shall issue a certificate thereof in the prescribed form to the wife.




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