Rajan, J.

1. This appeal is directed against the order in O.P.(MM) No.753/2007 of the Family Court, Alappuzha. Appellant is the husband and respondent is the wife in this appeal. Wife preferred the above petition in the Family Court for dissolution of marriage under section 2 of Dissolution of Muslim Marriage Act, 1939 (for brevity 'the Act').

2. The facts in nutshell are as follows:- Appellant married the respondent on 16-5-1999 according to Muslim religious rites and after that both of them resided together in the matrimonial house. A child was born to them on 17-8-2004 and the appellant did not care to meet the hospital expenses for the delivery. Before the marriage the father of the respondent entrusted Rs.3 lakhs to the appellant, which was misused by the appellant. The respondent was also given 75 sovereigns of gold ornaments by her parents and out of which 45 sovereigns were taken away by the appellant for his sister's marriage. Five months after delivery, for a few days and lastly in February, 2004 the appellant had sexual intercourse with the respondent. After that he avoided the respondent and refused to have sexual intercourse with her. Even though the respond