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1956 Supreme(Bom) 131

J.C.SHAH
Bai Fatma Alauddin – Appellant
Versus
Mumna Miranji Haji – Respondent


Judgment -

1. This is a wifes second appeal arising out of her suit against the respondent husband for a dissolution of her marriage under Section2 of the Saurashtra Dissolution of Muslim Marriages Act, No. XXVI of 1952, the grounds for the dissolution alleged being fl) that she was treated cruelly. (2) that she was not treated equitably in accordance with the injunctions of the Koran, and (3) that the defendant had neglected or had failed to provide for her maintenance for a period of two years prior to the suit. The parties ace Mahomedans and were married some time in about 1946-47 and they lived together for about two or three years, after which the plaintiff has gone to live with her parents. The husbands defence was that he had made attempts to bring back the plaintiff to his house and that the plaintiff had, without any justifiable reason, refused to come and live with him, that he had not neglected nor had failed to provide for her maintenance for a period of two years nor bad he treated her cruelly nor was there any truth in the allegation that he did not treat her equitably in accordance with the injunctions of the Koran. The learned trial Judge disbelieved the plaintiffs a








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