The dissolution of marriage was warranted due to failure to maintain and established cruelty, aligning with the provisions of the Dissolution of Muslim Marriages Act.

JUDGMENT

S haji P. Chaly, J .

The respondent in O.A.No.485 of 2012 on the files of the Family Court, Kozhikode is the appellant before this Court. The above appeal is filed against the judgment dated 31.01.2013, whereby the Family Court dissolved the marriage between the appellant and the respondent under Section 2 (ii) and (viii) of Dissolution of Muslim Marriages Act, 1939 (for short, 'the Act') . There is no finding entered with respect to (iv) even though dissolution was sought also under that ground.

2. Facts required for disposal of the appeal are as follows;

3. The appellant and respondent were married as per the custom prevailing in Muslim community on 24.02.2005 and the same was celebrated on 06.03.2005. Thereafter the appellant and the respondent were residing together at the house of the appellant and a son was born in the wedlock, Mat. Appeal No.218 of 2015 2 later named Midulaj. It is contended by the respondent that due to the mental and physical ill-treatment and harassment of the appellant, respondent has been living separately from the appellant since 09.08.2010. At the time of marriage she was given gold ornaments of 80 sovereigns from her house and then she was a D.Pharm student also. Even though she has completed the course, the appellant has not permitted her to practice and the request made by the respondent for the same was declined by the appellant.

4. It is also contended that by selling her gold ornaments, 8 3/8 cents of property was purchased in her name and the said property was mortgaged with the Co-operative Urban Bank of Feroke and secured an amount of Rs.4 lakhs as loan and using that amount the appellant had started a Medical Shop.

5. The respondent also contended that the appellant always doubted her chastity and raised false allegations that respondent had illicit relationship with respondent's paternal uncle's son, brother and brother-in-law of appellant. It is the further contention that the appellant and his family members have always behaved to the respondent in a hostile attitude Mat. Appeal No.218 of 2015 3 and manner. Even though the house of the respondent is situated within half a kilometer from the appellant's house, appellant always restricted the respondent to visit her parents. That apart, the respondent was prevented from attending functions in the house of her relatives and friends without assigning any reason. Appellant always spread false news among his friends and relatives that the respondent has been leading an immoral life and she was having extra-marital sexual relationship with others, and it was due to the insult and harassment of the appellant and his family members, she left the marital home. A specific allegation was raised by the respondent that, on 09.08.2010 the respondent requested the appellant to have a counselling in the presence of mediators, but he was not ready. On the other hand he threatened that he would divorce her. Apart from making allegations of unchastity against the respondent, the appellant made false allegations of unchastity against her mother also. On one occasion, the appellant threatened the respondent that he would engage 'Goondas' to do away with her and therefore she contended that continuance of marital life with the appellant is harmful to her life.

Mat. Appeal No.218 of 2015 4

6. It is the further averment of the respondent that the appellant forcibly detained her personal testimonials like S.S.L.C Book, Plus Two mark list, Pharmacy course registration certificate, Election Identity Card, Passport etc. and he refused to return those documents to the respondent. That apart, it was threatened that he would destroy those documents. It is also contended that the appellant defaulted repayment of the loan amount and thereupon the Bank issued demand notice stating that unless the loan amount is paid, the property would be attached. The appellant has defaulted repayment of the loan amount with an intention of putting the respondent into difficultie