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2021 Supreme(Online)(KER) 24309

HIGH COURT OF KERALA
MUSTHAFA – Appellant
Versus
JAMEELA – Respondent


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

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