The main legal point established in the judgment is that a Muslim woman can sue for dissolution on the grounds of failure to maintain, even if there is good cause for it, under the Dissolution of Muslim Marriages Act, and the court reconciles law and justice in a matrimonial imbroglio, emphasizing the social perspective and purpose of the legislation and the Islamic ethos, and harmonizing the Muslim law of divorce with contemporary concepts in advanced countries.

Headnote:
Matrimonial Conflict - Dissolution of Muslim Marriages Act - S.2, S.2(ii), S.2(vii), S.2(ix) - The court reconciles law and justice in a matrimonial imbroglio involving a Hanafi girl married at 15 seeking dissolution of marriage due to failure of maintenance by the husband. The court examines the legal impact of subsequent events on granting relief and considers the grounds for dissolution under the Dissolution of Muslim Marriages Act. The court interprets the Act, discusses the right of a female to claim dissolution, and examines the meaning of 'failed to provide for her maintenance' under S.2(ii) of the Act. The court emphasizes the social perspective and purpose of the legislation and the Islamic ethos, and harmonizes the Muslim law of divorce with contemporary concepts in advanced countries. The court holds that a Muslim woman can sue for dissolution on the grounds of failure to maintain, even if there is good cause for it, and affirms the decree under S.2(ii) of the Act, without deciding the claim to Khulaa under S.2(ix) of the Act. The court also considers subsequent developments and pragmatic considerations in reaching its decision.
Fact of the Case:

The case involves a matrimonial conflict between a Hanafi girl married at 15 seeking dissolution of marriage due to failure of maintenance by the husband. The husband had taken another wife, and the wife had also remarried after the dissolution was granted in appeal. The trial court dismissed the suit, but the Subordinate Judge's court granted a decree for dissolution of the marriage. The husband appealed the validity of the decree.
Finding of the Court:

The court reconciles law and justice in a matrimonial imbroglio, attempts reconciliation between law and justice, and examines the legal impact of subsequent events on granting relief. The court interprets the Dissolution of Muslim Marriages Act, discusses the right of a female to claim dissolution, and examines the meaning of 'failed to provide for her maintenance' under S.2(ii) of the Act. The court emphasizes the social perspective and purpose of the legislation and the Islamic ethos, and harmonizes the Muslim law of divorce with contemporary concepts in advanced countries. The court holds that a Muslim woman can sue for dissolution on the grounds of failure to maintain, even if there is good cause for it, and affirms the decree under S.2(ii) of the Act, without deciding the claim to Khulaa under S.2(ix) of the Act. The court also considers subsequent developments and pragmatic considerations in reaching its decision.
Issues: The issues involve the conflict between doing justice by promoting a rapprochement and enforcing the law heedless of consequence in a matrimonial imbroglio. The court examines the legal impact of subsequent events on granting relief, considers the grounds for dissolution under the Dissolution of Muslim Marriages Act, and interprets the Act to determine the right of a female to claim dissolution. The court also discusses the meaning of 'failed to provide for her maintenance' under S.2(ii) of the Act and considers subsequent developments and pragmatic considerations in reaching its decision.
Ratio Decidendi: The court reconciles law and justice in a matrimonial imbroglio, attempts reconciliation between law and justice, and examines the legal impact of subsequent events on granting relief. The court interprets the Dissolution of Muslim Marriages Act, discusses the right of a female to claim dissolution, and examines the meaning of 'failed to provide for her maintenance' under S.2(ii) of the Act. The court emphasizes the social perspective and purpose of the legislation and the Islamic ethos, and harmonizes the Muslim law of divorce with contemporary concepts in advanced countries. The court holds that a Muslim woman can sue for dissolution on the grounds of failure to maintain, even if there is good cause for it, and affirms the decree under S.2(ii) of the Act, without deciding the claim to Khulaa under S.2(ix) of the Act. The court also considers subsequent developments and pragmatic considerations in reaching its decision.
Final Decision: The appeal fails and is dismissed but without costs at any tier.

Judgment :-

1. This case, like most others, reveals a human conflict, over-dramatised by both sides and dressed up in legal habiliments, as usual; and when, as here, parties project a matrimonial imbroglio on the forensic screen, the court attempts a reconciliation between law and justice. What deeply disturbs a judge in such case-situations is the conflict between doing justice by promoting a rapprochement and enforcing the law heedless of consequence. Sowramma, a Hanafi girl, around 15, married in 1962 Yusuf Rowthan, nearly twice her age, but the husband's home hardly found them together for more than a few days; and after a long spell 6f living apart, an action for dissolution was instituted by the wife against the husband. The matrimonial court should, and I did, suggest to counsel, in vain though, to persuade the parties to repair the broken bond. Unhappily irreversible changes in the conjugal chemistry baulked the effort, the husband having taken another to wife and the latter having wed again after dissolution was granted in appeal. And thus their hearts are pledged to other partners! The prospect of bringing together the sundered ends of the conjugal knot being absent a decision on the merits, according to the law of the parties, has to be rendered now. Even so, the legal impact of such subsequent events on granting or moulding the relief falls to be considered.

2. A brief narration of the facts will help to appreciate the questions argued before me, with thoroughness and fairness, by counsel for the appellant and his learned friend opposite. (A young advocate of this court, Sri. Manhu, who has impressed me with his industrious bent and depth of preparation on questions of Muslim law, has, as amicus curiae, brought into my judicial ken old texts and odd material which are outside the orbit of the practising lawyer.) The plaintiff had attained puberty even before her marriage and soon after the wedding, the bridal pair moved on to the husband's house. The very next day the defendant left for Coimbatore where he was running a radio dealer's business. A month's sojourn in the house of the husband, and then the girl went back to her parents, the reason for her return being blamed by each on the other. This separation lasted for over two years during which span the defendant admittedly failed to maintain the wife, the ground alleged by the defendant being that he was willing and, indeed, anxious to keep her with him but she wrongfully refused to return to the conjugal home thanks to the objectional inhibition by the father of the girl. The husband, finding the young wife recalcitrant, moved the mosque committee, through his brother (Ext. D2) but the effort failed and so they reported that divorce was the only solution (Ext. D4). Anyway, after preliminary skirmishes, in the shape of lawyer notices, a litigation for dissolution of marriage erupted. The trial court dismissed the suit but the Subordinate Judge's court granted a decree for dissolution of the marriage. The aggrieved husband has come up to this court challenging the validity of the decree of the lower appellate court. His counsel, Shri. Chandrasekhara Menon, has highlighted a seminal issue of Muslim law the right of a female wrongfully leaving the matrimonial home to claim dissolution through court for mere failure of the husband to maintain the erring wife for 2 years.

3. The concurrent findings are that the plaintiff was 15 years old, that she had attained puberty and the marriage had been consummated. Again, while both the courts have held that the defendant had failed to provide maintenance for the plaintiff for a period of two years, they have also recorded a crucial finding "that it was through her own conduct that she led her husband to stop maintenance for a period of 2 years"

4. The claim of a Muslim wife to divorce is now provided for and canalised by the Dissolution of Muslim Marriages Act, Act 8 of 1939 (for short, referred to as the Act). S.2 is the char

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1970 Supreme(Ker) 77

Cases Referred (1)