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Under section 2(v) of the Dissolution of Muslim Marriages Act, 1939, which facts establish the ground…

Section 2(v) of the Dissolution of Muslim Marriages Act, 1939 requires the husband to have been impotent when the marriage took place and to remain so. Under proviso (c), if…

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Under section 2(v) of the Dissolution of Muslim Marriages Act, 1939, which facts establish the ground of impotence for seeking dissolution?

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Correct answer C

Section 2(v) of the Dissolution of Muslim Marriages Act, 1939 requires the husband to have been impotent when the marriage took place and to remain so.

Under proviso (c), if the husband applies, the court must give him a year from its order to satisfy it that the condition has ceased. If he succeeds, the court cannot grant dissolution on that ground.

Option feedback

Option A

Section 2(v) requires the condition to continue. Impotence at marriage alone is insufficient.

Option B

Impotence beginning after marriage does not meet the requirement that the condition exist at the time of marriage.

Option C

The condition must exist at marriage and continue afterward. Proviso (c) also governs the procedure before a decree.

Option D

Prior impotence that ended before marriage does not satisfy either timing requirement.

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