Singapore legislation

Clause 49

Fasakh

(1)

A married woman shall be entitled to apply to the Court for and obtain a decree of fasakh on any one or more of the following grounds: —

(a)

that the husband has neglected or failed to provide for her maintenance for a period of one year;

(b)

that the husband has been sentenced to imprisonment for a period of seven years or upwards and such sentence has become final;

(c)

that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(d)

that the husband was impotent at the time of the marriage and continues to be so;

(e)

that the husband is insane or is suffering from leprosy or a virulent veneral disease;

(f)

that the husband treats her with cruelty, that is to say —

(i)

habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment;

(ii)

associates with women of ill-repute or leads an infamous life;

(iii)

attempts to force her to lead an immoral life;

(iv)

obstructs her in the observance of her religious profession or practice;

(v)

lives and cohabits with another woman who is not his wife; or

(vi)

if he has more wives than one, does not treat her equitably in accordance with the requirements of the Muslim law; and

(g)

on any other ground which is recognized as valid for the dissolution of marriage by fasakh under the Muslim law:Provided that before passing a decree on ground (d) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent and if the husband so satisfies the Court within such period no decree shall be passed on the said ground.

(2)

Upon receiving such application the Court shall causa a summons to be served upon the husband of the woman.

(3)

The Court shall then record the sworn statement of the woman and at least two witnesses and may then, if satisfied, that the woman is entitled to a decree of fasakh in accordance with subsection (1) of this section, make a decree of fasakh accordingly.

(4)

The Court making an order or decree under this section shall immediately cause such order or decree to be registered.

(5)

The register shall be signed by the presiding officer of the Court, by the woman who obtains the order or decree, and at least two witnesses whose evidence has been taken by the Court.

Read in full context — Administration of Muslim Law Bill →