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2008 Supreme(Ker) 563

KURIAN JOSEPH, HARUN-UL-RASHID
Saidali K. H. , S/O Hassan – Appellant
Versus
V. Saleena – Respondent


Advocates Appeared:For the Petitioners:Esm. Kabeer, Advocate. For the Respondent:J. Abhilash, A. Parvathi Menon, P. Sanjay, Advocates, M.P.M. Aslam (Amicus Curiae).

Judgment :-

Harun-Ul-Rashid, J.

Can a Muslim husband exercise his right of divorce indiscreetly? Can he marry more than one upto four at a time - is it an unbridled authority for him? If not, should Muslim women suffer this tyranny for all times? Should their personal law remain so cruel towards these unfortunate wives? These are some of the questions arising for consideration in this case.

2. This appeal is directed against the order of the Family Court, Thrissur in O.P. No.1095 of 2006. The said Original Petition was filed by the respondent/wife under Section 2(ii), (iv) and (viii) (a) (d) and (f) of the Dissolution of Muslim Marriages Act, 1939 for dissolution of her marriage with the appellant. By the impugned order, the Family Court allowed the Original Petition. Hence, the appeal by the husband. The parties herein are referred to as petitioner and respondent as in the Original Petition.

3. The marriage between the petitioner and respondent was solemnised on 6.2002. Their only child is now aged five years. The petitioner/wife alleged that her husband and his family members behaved very cruelly towards her contrary to her expectations, that they ill treated her mentally and phys





















































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