ABDURAHIMAN Vs. NASSERA

JUDGEMENT

(1.) This appeal is preferred against the order in O.P. No. 297 of 1999. That was a petition filed by the wife under S.2 of the Dissolution of Muslim Marriages Act, 1939, for dissolution of the marriage with the appellant husband. We may narrate the facts as we get in the O.P.

(2.) The marriage between the petitioner and respondent was solemnised on 15.5.1997 as per the custom and law prevalent in the Muslim community. After the marriage petitioner was residing in the house of the respondent for about 2 months. According to the wife, her life during the said time was miserable. On the next day of the marriage, the respondent went for shopping with a lady who came from Bombay. He continued to live with that lady in various places. He also treated the petitioner with cruelty. He used to manhandle her after consuming liquor. At the time of marriage petitioner was given gold ornaments weighing about 100 sovereigns and an amount of Rs. 1 lakh. Respondent demanded an amount of Rs. 1 1/2 lakhs towards dowry. Since she could not give the said amount, she was manhandled. After two months of their marriage, respondent went abroad. After one year four months he came back and stayed at Trivandrum for 8 days, and from there he went to Bombay. Petitioner enquired about the reason for not coming to her house. She came to know that he got some illegitimate affair with a lady at Trivandrum and that he went there to stay with her. Without coming to petitioner's house, respondent went abroad and later he come back again after one month. There was some dispute between the petitioner and the respondent with regard to his relationship with other ladies. After mediators' efforts, petitioner went to the house of the respondent and she was again illtreated demanding dowry. On 25.2.1999, the father and mother of the respondent again illtreated the petitioner, and demanded the amount of Rs. 1.5 lakhs. Respondent did not maintain the petitioner and consequently petitioner had to go back to her house. Parents of the respondents insisted that unless the amount is paid, she will not be taken back to the house of the respondent.

(3.) Petitioner, therefore, preferred this petition under S.2 of the Dissolution of Muslim Marriages Act, 1939, since the respondent failed to maintain her for a period of two years.