VEERAN SAYVU RAVUTHAR Vs. BEEVATHUMMA

JUDGEMENT

(1.) WHETHER a Muslim wife residing in her own family house and away from her husband, is entitled to claim divorce on the ground under Section 2(ii) of the Dissolution of Muslim Marriage Act, 1939, hereinafter referred to as the Act, that her husband 'has neglected or has failed to provide for her maintenance for a period of two years', is the main issue raised in this case.

(2.) DIVORCE in Muslim law is a much debated topic, not only in courts; but among social activists, legislators and even among different groups in the community itself. Certainly that is with respect to the divorce coming from the husband, viz. 'Talaq'. At the same time the right of Muslim women to effect divorce is also a much debated issue among the Muslim themselves.

(3.) IN Yousuf Rowthan v. Sowramma (1970 KLT 477) Justice Krishna Iyer had quoted from Dr. Galwash as follows: