P. K. Mukmuthu Sha vs P. S. Mohammed Afrin Banu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 3410

RMT. TEEKAA RAMAN, P. B. BALAJI
P. K. Mukmuthu Sha – Appellant
Versus
P. S. Mohammed Afrin Banu – Respondent

Advocates:
Advocate Appeared:
For the Appellant : M/s.K.Abiya
For the Respondent: M/s.C.Jeya Indira Patel

JUDGMENT :

RMT.TEEKAA RAMAN, J.

The Appeal is directed against the Judgment and Decree passed in O.S.No.30 of 2021, dated 24.03.2023 on the file of the Family Court, Tirunelveli.

2. The husband has preferred this appeal against the order of dissolution of marriage passed by the Family Court, Tirunelveli.

3. For the sake of convenience, the parties are referred to as defendant/husband and plaintiff/wife.

4. The wife/plaintiff, the respondent herein, filed a suit under Section 2(ii) (iv)(viii)(a)(d) of Dissolution of MUSLIM MARRIAGES ACT , 1939 for declaration by dissolving the marriage between her and the appellant/defendant which was solemnized on 03.01.2016, on the ground of cruelty and not treating equivalent to the second wife of the husband.

5. The prime allegations in the said plaint are as follows:

5.1. During her pregnancy, the husband and his mother not treated the plaintiff well, and they are behind the jewels given by the parents of the plaintiff. Without considering that the plaintiff is pregnant, the mother of the husband/defendant scolded her for not draping the saree properly, and also the husband has taken photos of the plaintiff and the defendant when they are in-mate posi

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