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A married Muslim woman renounces Islam. Assume section 4 of the Dissolution of Muslim Marriages Act,…

Section 4 says renunciation or conversion by a married Muslim woman does not by itself dissolve her marriage. The first proviso preserves access to dissolution on a section…

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A married Muslim woman renounces Islam. Assume section 4 of the Dissolution of Muslim Marriages Act, 1939 applies and she is outside its exception for a convert who returns to her former faith. What follows from renunciation alone?

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Answer and explanation

Correct answer B

Section 4 says renunciation or conversion by a married Muslim woman does not by itself dissolve her marriage. The first proviso preserves access to dissolution on a section 2 ground. The second proviso excludes a woman who converted to Islam from another faith and re-embraces that former faith. Section 5 preserves dower rights on dissolution.

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Option A

The statutory main rule excludes automatic dissolution from the act of renunciation alone.

Option B

Section 4 preserves the marriage tie on renunciation alone. A decree may still be sought on a section 2 ground.

Option C

The Act does not make renunciation dissolve the marriage or forfeit dower. Section 5 separately preserves dower rights.

Option D

Section 4 does not make notice of renunciation a ground for automatic dissolution.

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