JUDGMENT

Mohd Ibrahim, J C - This appeal arises out of a suit for dissolution of marriage under the Dissolution of Muslim Marriages Act (VIII [8] of 1939). It was brought by Mt. Amatur Rahim against her husband, Fazal Mahmud, on the allegations, (a) that she had been treated by her husband with cruelty, (b) that the defendant had failed to maintain the plaintiff and her children for over two years and, (c) that he had failed to perform his marital obligations for a period of over three years.

2. The defendant resisted the suit and denied the truth of the above allegations.

3. The trial Judge, after considering the whole of the evidence carefully, found that the plaintiff had failed to substantiate her plea of cruelty. He rather accepted the defendant's story that he had been deserted by the plaintiff of her own accord. He also found that since the plaintiff had deserted her husband, she had rendered the performance of marital obligations quite impossible. He further held that though the plaintiff was not maintained by the defendant for over two years, he was not liable to maintain her since he was deserted by his wife and since the latter was not prepared to return to her husband u