The main legal point established in the judgment is that under clause (ii) of S.2 of the Dissolution of Muslim Marriages Act, 1939, a Muslim woman is entitled to obtain a decree for the dissolution of her marriage if the husband has neglected or failed to provide maintenance for her for a period of two years, without the requirement of proving 'without reasonable cause'.

1. These second appeals arise out of two connected suits, one for dissolution of a Muslim marriage and the other for restitution of conjugal rights. As against the unbridled and arbitrary power of divorce a Muslim male enjoys to what extent the Muslim law concedes a right of divorce to the woman is the point for determination in these second appeals.

2. Both the suits were tried together and common judgments were pronounced by both the courts below. The courts below have concurrently found that a ground under clause (ii) of S.2 of the Dissolution of Muslim Marriages Act, 1939 has been made out by the wife against the husband. Under clause (ii) of S.2 a woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage

on the ground "that the husband has neglected or has failed to provide for her maintenance for a period of two years". On the finding that the husband has neglected or failed to provide for the maintenance of the wife for a period of two years the suit by the wife for dissolution of marriage was decreed and the suit for restitution of conjugal rights by the husband was consequently dismissed. Krishna Iyer J. (as he then was) in the decision reported in Yusuf Rowthan v. Sowramma (1970 KLT. 477) has held that a man's failure to provide for the maintenance of the wife for the period of two years mentioned in clause (ii) of S.2 entitles the wife to a decree for dissolution of marriage whether or not the husband had reasonable cause for withholding such maintenance. Learned Counsel for the appellant challenges the correctness of this decision in the light of the decisions of other High Courts taking a contrary view that a wife is entitled to a decree for dissolution of marriage only if she is able to satisfy the court that the husband has neglected or failed to provide for her maintenance without reasonable cause for the period aforesaid. Krishna Iyer J. in Para.10 of the decision in 1970 KLT. 477 refers to the conflict of decisions by the various High Courts in India on the question as to whether it is necessary for the wife to show that the neglect or failure to provide maintenance was also without reasonable cause. The learned judge after referring to the pristine Islamic Law under which the wife is also conceded a right for dissolution of marriage in certain circumstances has chosen to follow the decision in Mt. Noor Bibi v. Pir Bux (AIR. 1950 Sind. 8) in preference to the decisions taking a contrary view.

3. Abdulla Yusuff Ali in his commentary on the "Meaning of the Glorious Quran" commenting on Sura LXV states thus at page 1561:

"The relations of the sexer are an important factor in the social life of the community, and this and the following sura deal with certain aspects of it. "Of all things permitted by law", said the prophet "divorce is the most hateful in the sight of God" (Abu-baud Sunan, xiii 3). While the sanctity of marriage is the essential basis of family life, the incompatibility of individuals and the weakness of human nature require certain outlets and safeguards if that sanctity is not to be made into a fatiah at the expense of human life. That is why the question of divorce is in this sura linked with the question of insolent impiety and its punishment".

The prophet himself had occasion to be distressed on account of the impudence of his wife Hadhrat Aisha is referred to at page 1569:

"The impudence of Hadhrat Aisha once caused serious difficulties; the holy propeht's mind was sore distressed and he renounced the society of his wives for some time. This renunciation seems to be referred to here (in Sura 16). The situation was none the less different for him because she was a daughter of Hadhrat Abu Baker, one of the truest and most intimate of his companions and lieutenants. Hadhrat Umar's daughter Hafsa was also sometimes act to presume on her position, and when the two combined in secret counsel and discussed matters and disclosed secrets to each