A.Muhamed Mustaque, J.

This appeal is at the instance of the husband challenging a decree granted to the respondent-wife under the Dissolution of Muslim Marriages Act, 1939 .

2. The respondent-wife filed an original petition before the Family Court, Thalassery, seeking divorce under the Dissolution of Muslim Marriages Act on three grounds: (i) for non-providing maintenance for a period of two years, (ii) failure on the part of the husband to discharge a marital obligation and (iii) on the ground of cruelty. These statutory grounds are enumerated under Section 2 (ii), 2(iv) and 2(viii) of the Dissolution of Muslim Marriages Act, 1939 . The Family Court, on appreciation of the pleadings and evidence, found that the respondent made out a case for divorce on all the grounds as canvassed in the petition for divorce.

3. The marriage between the appellant and the respondent was solemnised in accordance with the Muslim Personal Law on 29.04.2010. In that wedlock, two children were born. It has come out in the evidence that the appellant has contracted another marriage and is living along with the second wife. It is also come out in evidence that the husband failed to provide mainten