Bapna, J.—This is a second appeal by the husband defendant in a suit for dissolution of marriage. The respondent Mst. Bushra instituted a suit in the court of Munsif, Tonk on the 3rd August, 1949 for dissolution of her marriage with the defendant, Hafiz Amir Mohd. She alleged that her marriage with the defendant had taken place about 25 years before the suit. She lived with the defendant fore sometime but the defendant thereafter, treated her cruely, assaulted her and turned her out of the house. It was alleged that thereafter, the defendant did not provide her with maintenance and that she was entitled to claim dissolution both on the grounds of cruelty and for failure to provide maintenance in view of the provisions of the Muslims Dissolution of marriage Act. The defendant traversed the allegations and pleaded that plaintiff of her own accord had left his protection and carried with her all the jewellery and ornaments on the pretence of joining a marriage in her fathers family. It was alleged that the defendant was not bound to maintain her according to to the Muslim law unless the wife agreed to remain with him and under his protection and obeyed his wishes. During the course of

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