VARGHESE KALLIATH
MOHAMMED – Appellant
Versus
SAINABA UMMA – Respondent
1. This is a matrimonial cause. The wife complained of cruelty and not providing maintenance to her husband. She also contended that the marriage has broken irretrievably. On these grounds, she prayed for a dissolution of marriage under the Dissolution of Muslim Marriage Act, 1939, hereinafter referred to as 'the Act'. The husband resisted the suit. The trial court dismissed the suit. Plain tiff-wife filed an appeal. The appellate court found that the plaintiff has made out a valid ground under S.2(ix) of the Act. Now, the defendant-husband appeals.
2. The sequence of the relevant facts is this: The marriage of the parties took place on 10-10-1971. The "Nikkah" ceremonies were in the home of the husband. The husband and wife began to live together in the husband's home from November, 1972. After some months husband took it as a habit to come home after consuming liquor. He began to indulge in horse-play in the home. When the wife questioned, the usual answer was an assault on her. Later, the husband made his home itself the venue for his drinking spree. He used to become boisterous and violent on such occasions. A drunken carousal followed every day in the company of his
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