IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL &

THE HONOURABLE MR. JUSTICE A.M.BABU THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939 Mat.Appeal.No. 476 of 2007 AGAINST THE ORDER DATED 22-06-2007 IN O.P. NO. 614/2006 of FAMILY COURT, MALAPPURAM APPELLANT/RESPONDENT: ---------------------

P.K.ABDURAHMAN, 36 YEARS, S/O. KUNHIMUHAMMED, PATTARKADAVAN HOUSE, PANAKKAD, ERNAD TALUK,MALAPPURAM DISTRICT.

BY ADV.SRI.M.RAMESH CHANDER RESPONDENT/PETITIONER: ----------------------

K.RAMLATH, 34 YEARS,D/O. HAMZA, KAYANIKKAL HOUSE, PALUNDA, EDAKKARA AMSOM DESOM,NILAMBUR TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.DEVIDAS.U.K THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 15-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DST K. HARILAL & A.M. BABU,JJ.

= = = = = = = = = = = = = = = = =

- - - - - - -- - - - - - - - - - - - - - Dated this the 15^th day of March, 2018

J U D G M E N T

K. Harilal, J.

The appellant is the respondent in Original Petition NO.614 of 2006 of the Family Court, Malappuram and the aforesaid petition was filed by the respondent herein, seeking a decree dissolving the marriage between the appellant and respondent under Section 2(ii)(iv) and (viii)(a)(d) and (f) of the Dissolution of Muslim Marriage Act, 1939 (hereinafter referred to as the Act').

2. Brief facts of the case can be summarised as follows:

According to the respondent, her marriage with the appellant was solomnized on 08.10.1995 and three children were born out of the said wedlock. At the time of filing the Original Petition, the elder daughter was aged 09 years and the 2^nd and 3^rd sons were aged 07 and 01 years respectively. The appellant has failed to perform his marital obligations and he refused to pay maintenance allowance to the respondent and children for more than two years. The children are under the care and custody of the respondent. Though she was compelled to file M.C. No.504 of 2005, seeking maintenance allowance for herself and the children from the appellant and obtained an order, the appellant failed to comply the said order and in execution of the said order warrant was issued against him and the appellant absconded, so as to escape away from execution of the warrant. At the time of marriage, she was given 25 sovereigns of gold `

ornaments and 25,000/-. On the date of marriage itself, the appellant received the said amount from the respondent. At the time of marriage, the appellant was a Forest Contractor. He obtained the gold ornaments from the respondent and sold away the same and appropriated the sale proceeds under the guise of investing the same in his business. Thus, the appellant disposed of her property and prevented her from exercising her legal right over the aforesaid gold ornaments and money. He used to assault her physically for flimsy reasons and he was a drunkard, who used to come late in night. Thus, her life with the appellant has become miserable. After obtaining money and property from the respondent, he pushed out the respondent and children from the matrimonial home on 23.12.2004. While she was residing in the quarters at Malappuram, the appellant approached her again pretending love and affection and obtained her savings from the salary. Thereafter, he has availed a loan from the bank and the respondent was surety to the said transaction. But, he failed to repay the loan amount and the bank initiated recovery proceedings against the respondent and recovered the full loan amount from the respondent. In the meantime, he married again on 06.08.2005, he along with his second wife by name Asmabeevi came to the house of the respondent and assaulted the respondent in the presence of the second wife. Thereafter, he forcibly took away the youngest child aged 2½ years. She got back the child under the interference of police on her complaint.

Aggrieved by the physical assault, the respondent filed a complaint under Section 406, 498A of the Indian Penal Code (hereinafter referred to as