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2013 Supreme(Online)(KER) 14712

HIGH COURT OF KERALA
ANTONY DOMINIC, P.D.RAJAN, JJ
ABDUL BASHEER P A – Appellant
Versus
NABEESA – Respondent


JUDGMENT

ANTONY DOMINIC,J.

This appeal arises from the judgment of the Family Court, Kasaragod in O.P.No.168/2011. The O.P. was filed by the respondent wife seeking dissolution of marriage in terms of the provisions contained in the dissolution of Muslim Marriage Act 1939. By its order dated 27th September, 2012, the Family Court allowed the O.P. and dissolved the marriage invoking grounds under Section 2 (iv), (viii)(d) and (f) of the aforesaid Act. It is aggrieved by this order, the husband has filed this appeal.

2. We heard the learned counsel for the appellant, who contended that the judgment of the Family Court is illegal for the reason that the evidence adduced by the respondent was not sufficient to arrive at a conclusion that the appellant had failed or neglected to provide maintenance for the wife for a period of two years or that the husband has failed to perform, without reasonable cause, his marital obligations, for a period of three years for the other grounds under Section (viiii) (d) and (f) of Section 2 of the Act.

3. The main finding of the Family Court is regarding the failure of the husband to provide maintenance for the wife for two years and to perform his mari

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