Maheah Chandra, J.

( 1 ) THE petitioner Smt. Shamim Bano was married to respondent Shri Shahabuddin way back on 9th September, 19s2 and it is alleged that thereafter the respondent-husband divorced the petitioner on 3rd November, 1984 at her residence by pronouncing the words talak TALAK TALAK in the presence of her parents and one Mr. Bashir son of Allah Maher. resident of 12, Banna Peir, Abdul Fazal Colony, New Delhi and also one Mr. Ranbir son of Gajraj. The petitioner has now filed a petition under Section 2 of the Dissolution of Muslim (Marriage) Act. 1939 (hereinafter referred to as the Act ) for dissolution of the marriage with the respondent. The said petition was dismissed by Mrs. Kamlesh Sabbharwal, SJIC vide her order dated 23rd May, 1988 as not maintainable. Feeling aggrieved this revision petition has been filed by the petitioner.

( 2 ). Notice to show cause was issued and served upon the respondent but the respondent has not appeared to contest this revision petition. The revision petition is admitted. Being a short matter I now propose to dispose it off. I have heard the learned counsel for the petitioner.

( 3 ). The short question which arises in this revision petition is whether a petition under Section 2 of the Act is maintainable after the wife has already been divorced in accordance with Muslim Law and to my mind the question must be answered in the negative Section 2 of the Act reads as under: "2. Grounds for decree for dissolution of marriage:-A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:-

(I) that the whereabouts of the husband have not been known for a period of four years ;

(II) that the husband has neglected or has failed to provide for her maintenance for a period of two years ;

(III) that the husband has been sentenced to imprisonment for a period of seven years or upwards ;

(IV) that the husband has failed to perform, without, reasonable cause, his marital obligation for a period of three years ;

(V) that the husband was impotent at the time of the marriage and continues to be so ;

(VI) that the husband has been insance for a period of two years or is suffering from leprosy or a virulent venereal disease ;

(VII) that she, having been given in marriage by her father or other guradian betore she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years ; Provided that the marriage has not been consummated ;

(VIII) that the husband treats her with cruelty, that is to say: - (a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical illtreatment, or (b) associates with women of evil repute or leads an infamous life, or (c) attempts to force her to lead an immoral life, or (d) disposes of her property or prevents her exercising her legal rights over it, or (e) obstructs her in the observance of her religious profession or practice, or (f) if he has more wives than. one, does not treat her equitabiy in accordance with the injunctions of the Koran ;

(IX) on any other ground which is recognised as valid for the dissolution of marriage under Muslim law ; Provided that- (a) no decree shall be passed on ground (ii) until the sentence has becomes final; (b) a decree passed on ground (i) shall not take effect for a period of six months from the dale of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the court that he is prepared to perform his conjugal duties, the court shall set aside the said decree ; and (c) before passing a decree on ground (v) the court shall, on application by the husband, make an order requiring the husband to satisfy the court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the court within such period, no decree shall be pass

Click Here to Read the rest of this document