J U D G M E N T

A. Muhamed Mustaque, J This appeal arises from the judgment of the Family Court, Nedumangad granting divorce to the respondent under the provisions of the Dissolution of Muslim Marriage Act, 1939. Though the respondent sought dissolution of marriage on many grounds as referable under Sec.2(viii), divorce was granted invoking Sec.2(viii)(a).

2. Sec.2(viii)(a) provides as follows for granting divorce to a Muslim women.

“Grounds for decree for dissolution of marriage.-A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely-

Xxxxxxxxxx (viii) That the husband treats her with cruelty, that is to say,-

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or”

3. We heard the learned counsel for the appellant and the respondent.

4. Allegations of cruelty would constitute the ground under Sec.2(viii)(a) are set out in the petition for divorce. Constant demand for gold and money, ill treatment of the wife and refusal to have physical relationship have been put forward in the petition for divorc