SHYLENDRA KUMAR, J.

( 1 ) THIS is an appeal under Section 19 of the Family Courts Act by a Mohammedan husband complaining against the correctness and validity of the judgment and decree dated 16. 8. 2001 passed by the family Court at Belgaum in O. S. No. 24/00 whereby the Family Court has decreed the suit of the respondent/wife and granted a decree of divorce in favour of the wife by dissolving the marriage between the parties and decreed the suit which had been filed invoking the provisions of sub-section (ii) of Section 2 of Dissolution of Muslim marriage Act, 1939.

( 2 ) THE husband being aggrieved by this judgment and decree of the Family Court dissolving his marriage with the respondent/wife is in appeal before us.

( 3 ) SRI V. V. Joshi, learned Counsel appearing for the appellant submits that an interesting question of law governing the interpretation of sub-section (ii) of Section 2 of the Dissolution of Muslim Marriage act, 1939 (hereinafter referred to as the Act) arises in this appeal and the out come of the appeal essentially depends on the interpretation that has to be placed on Section 2 (ii) of the Act and submits that the appeal has to be allowed and the judgment and

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