R.G. VAIDYANATHA, J.:---This is a suit filed by the plaintiff for a declaration and for certain other reliefs. The defendant has contested the suit by filing Written Statement. Issues have been framed. The evidence was recorded on commission. The plaintiff examined herself and closed her case. The defendant has examined himself and one witness and closed his case. I have heard lengthy arguments addressed on behalf of the plaintiffs and defendant.

2. The plaintiffs case is as follows :

The 1st plaintiff is the wife of the defendant. The 2nd plaintiff is the son of the 1st plaintiff and the defendant. The parties belong to Dawoodi Bohara Sect of Muslim Shiya Community. The marriage between the 1st plaintiff and the defendant was performed on 19th January, 1980 at Godhra. The second plaintiff was born on 13th November, 1981. Though in the beginning the matrimonial relationship of the 1st plaintiff with the defendant was cordial, it is alleged that subsequently strained feeling started between the parties. It is alleged that on 6-11-1982 the defendant quarrelled with the plaintiff and assaulted her and drove her out of the house. Since then both the plaintiffs are residing with t