Abdul Gafoor, J.

Whether a Muslim wife residing in her own family house and away from her husband, is entitled to claim divorce on the ground under Section 2(ii) of the Dissolution of Muslim Marriage Act, 1939, here-in-after referred to as the Act, that her husband “has neglected or has failed to provide for her maintenance for a period of two years,” is the main issue raised in this case.

2. Divorce in Muslim law is a much debated topic, not only in courts; but among social activists, legislators and even among different groups in the community itself. Certainly that is with respect to the divorce coming from the husband, viz ‘Talaq”. At the same time the right of Muslim women to effect divorce is also a much debated issue among the Muslim themselves.

3. Marriage as per the Muslim law is in the nature of a contract. But is has got a religious sanction as well. That contract is to subsist during the life period of the couple or until they cannot live within the limits of the God. In his introduction to Chapter 65 of the Holy Qur an-Al Talaqu-Abdulla Yousuf Ali quoted Abu David as prophet has said.

“Of all things permitted by law, divorce is the most hateful in the sight of