Judgment

TYABJI, C.J.

This is a reference made by a Judge of this Court (Agha, J.) under R. 10 of the Rules of this Court (Original Side).

2. The learned Judge has completely heard Suit No. 250 of 1946 in which the plaintiff, Noor Bibi, claims a dissolution of her marriage with the defendant Pir Bux. One of the grounds on which the dissolution is sought is that the defendant had neglected or failed to provide for the plaintiff's maintenance for a period of more than two years immediately preceding the suit (cl. (ii) of Section 2 of the Dissolution of Muslim Marriages Act, viii [8] of 1939). The learned Judge has disposed of all the issues in the suit, except the issue whether the plaintiff is entitled to a dissolution under cl. (ii) on the facts proved, and he has referred this issue to us after stating the facts found by him which are as follows. The plaintiff, Mt. Noor Bibi, a young woman of about twenty-two, was married to the defendant Pir Bux, about five years before the suit, and thereafter went and lived with him at Mirpurkbas for some six months. Her parents then brought her to Karachi with the permission of the defendant. Thereafter she did not return to the defendant. She ha