RAMLA Vs. ABDUL RAHUF C.K.

JUDGEMENT

(1.) The appellant is the petitioner in O.P.No.41/2019 on the file of the Family Court, Thalassery. The above petition was filed on enumerated grounds of the Dissolution of Muslim Marriages Act, 1939, (for short, the 'Act') for divorce. The parties are Muslims and they married in accordance with the personal law applicable to them on 4/8/1991. In the petition for divorce, the grounds under the specific head of Sec. 2(ii), 2(iv) and 2(viii) of the Act alone were referred. However, the pleadings in the petition indicate the ground for divorce under Sec. 2(viii) (f) as well.

(2.) The Family Court dismissed the petition as the appellant wife failed to make out a case under Ss. 2(ii), 2(iv) and 2(viii) (f) of the Act.

(3.) The brief facts are as follows: The parties married on 4/8/1991. In the wedlock, three children were born. The respondent was abroad. He contracted another marriage with a lady namely Hajira during the subsistence of marriage with the appellant. That has been specifically averred in the petition and not denied in the written statement. According to the respondent, he contracted second marriage as the appellant refused to have a sexual relationship with him.