THACHARAKAVIL KABEER Vs. SULAIKHA

JUDGEMENT

(1.) THIS appeal is filed against the order in O.P.No.656/2007 passed by the Family Court, Malappuram. The aforesaid O.P. was filed by the respondent herein seeking dissolution of her marriage with the respondent under clause (b) of section 2(viii) of the Dissolution of Muslim Marriage Act, 1939.

(2.) THE fact that the marriage was solemnized on 28-2- 2005 and that they lived together till 4-12-2006 are not in dispute. The respondent alleged that she suffered matrimonial cruelty and harassment at the hands of the appellant and his mother and that a criminal case for offence under section 498A IPC was also pending. It was at that stage, alleging harassment by physical and mental torture and also cruelty as defined under section 2(viii) of the Act the petition was filed.

(3.) WE heard the learned counsel for the appellant. According to the learned counsel, there was no independent evidence adduced by the respondent to substantiate the allegations. He also contended that the respondent did not establish a case of cruelty against him. According to him, there was no finding of entrustment of gold ornaments with the appellant.