JUDGMENT

A.Muhamed Mustaque, J.

This appeal is filed at the instance of the husband challenging a decree of divorce granted to the wife. The wife filed O.P.No.295/2013 before the Family Court, Ottappalam, invoking Section 2 (ii) (iv) and (viii) of Dissolution of the Muslim Marriages Act, 1939 (for short, the 'Act'). The Family Court found that the wife is entitled to get a decree of divorce on all the grounds canvassed in the petition for divorce.

2. The marriage between the appellant and the respondent was solemnized on 19.02.2006.

3. The husband, the appellant herein contracted another marriage during the subsistence of marriage with the respondent. According to the wife, the respondent herein from

11.11.2006 onwards, failed to maintain her and child.

4. Under Section 2(ii) of the Act, the wife is entitled to seek a decree of dissolution of marriage if the husband has neglected or has failed to provide for her maintenance for a period of two years. So also under Section 2(iv), the wife is entitled to dissolution of marriage if the husband has failed to perform marital obligations for a period of three years. Under Section 2(viii), the wife is entitled to divorce, if the husband treats her with cruelty.

5. The Family Court noted that the husband failed to provide maintenance and the parties were living separately from 2006 onwards. The petition for divorce was filed in the year 2013. No evidence was adduced on the side of the appellant-husband to prove he has maintained his wife atleast two years prior to the filing of the petition.

6. The husband also contracted another marriage. He has no case that he has performed or he has willing to perform marital obligations. Absolutely, no evidence was adduced by him to show that he was willing to perform his marital obligations.

7. The husband has a case that he has pronounced talaq and separated the marriage. However, no evidence was adduced by him to prove a unilateral divorce of talaq, as recognised under law.

8. One of the enumerated grounds recognised for cruelty under Section 2(viii) (f) is that if the husband is having more than one wife if he does not treat wives equally in accordance with the injunctions of the Quran, that amounts to cruelty. The failure to perform marital obligations itself is cruelty. As envisaged by the injunctions of the Quran, the husband will have to treat the wives equally if he has contracted more than one marriage. The failure to perform marital obligations, the wife-respondent herein itself would show that he neglected and violated the injunctions of the Quran.

In view of the findings as above, we find no reason to interfere with the impugned judgment. The Mat appeal is dismissed. No order as to costs.

A.MUHAMED MUSTAQUE JUDGE