NALAKATH KUNHAYI SUHARA Vs. KALATHIL HAMZA

JUDGEMENT

(1.) THE second appeal has a theme on which social scientists and academic writers have written much. 'Islamic Perspective' Vol. I dealing with 'Status of Women in Islam' published by the Institute of Islamic Studies, Bombay, is one of the latest on the topic. It is inexpedient for the courts to attempt more than a resolution of the factual controversy and an interpretation of the statutory provisions arising in a case. The facts of the case centre round the tragic life of a Muslim Girl. The Statute to be interpreted is the Dissolution of Muslim Marriages Act 1939 (hereinafter referred to as 'the Act') Suhara was just about 17 when she got married on, the 5th of February, 1971. In August 1972 she delivered a child. About an year later, the husband returned from Visakhapatnam, where he was having a trade at the time of his marriage. He settled down in Badagara thereafter, with a hotel business, The second child was born in July 1974. That, was admittedly at the residence of the wife at Tellieherry. On 19 -6 -1976, the wife presented the petition seeking, a divorce from, the husband. She alleged cruelty on the part of her husband and a total neglect on his part to maintain her, after she had been taken to her house in April, 1973. She stated that thereafter' there was only a solitary occasion on which he had come to her house but had returned without making any enquiry whatever about her welfare.

(2.) THE husband threw the blame on the cousins of his wife -According to him, they had pressurised her to seek a divorce. The petition was not a voluntary act of his wife. He claimed to have remitted money by money orders. Towards the later period, it was the wife who declined to receive the money order or even his letters. He denied the allegation of cruelty levelled against him.

(3.) THE wife has come up in second appeal. The evidence in the case is not elaborate. Only the parties have given evidence in respect of the respective versions. The documentary evidence (a money order coupon of 12 -6 -1976) is totally useless as it does not throw any light on the controversy between the parties.