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1983 Supreme(Ker) 162

BALAKRISHNA MENON
MOOSA – Appellant
Versus
FATHIMA – Respondent


Judgment :-

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





























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