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1978 Supreme(AP) 145

B.P.JEEVAN REDDY
Ahmed Abdul Quadeer – Appellant
Versus
Raffat Bannu – Respondent


B. P. JEEVAN REDDY, J.

( 1 ) THE Second Appeal raises an interesting question relating to interpretation of Clause (ii) of Section 2 of the Dissolution of Muslim Marriages Act, 1939 (hereinafter referred to as "the Act" ). there has been a divergence of opinion among the several High Courts in India on this question and, it appears, there is no decision of either the Madras High Court on this question.

( 2 ) THE parties to this appeal were married in November 1958. They have two daughters also who are now said to be aged about 17 years and 16 years respectively. After the marriage, the husband (appellant herein) was living in the house of his wifes parents. He left that house in July, 1971 on account of certain difference. Thereafter, the respondent filed a petition under Section 488, Cr. p. C. for maintenance for herself and her two daughters, which was allowed to the extent of daughters only. She then instituted the present proceedings for dissolution of marriage on the ground that the husband has failed to provide for her maintenance for a period of two years. The husband opposed the said suit. The trial Court came to the conclusion that the wife is not entitled to maintenance, b








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