K P Y SIDDHIQUE Vs. AMINA

JUDGEMENT

(1.) Respondent is the fourth wife of the appellant and all the other three are alive. Appellant has grown up sons in his earlier marriages, some of whom are even older than the respondent. The matrimonial life of the appellant was short-lived - less than an year - and now the respondent has decided to seek for dissolution of her marriage with him on the ground of his cruelty. Family Court, before which she applied for the relief, granted the decree for dissolution despite resistance from the appellant. This appeal is in challenge of the said decree.

(2.) Appellant's marriage with the respondent was on 16-10-1988. The parties are muslims. Respondent became pregnant twice during the wedlock, but both were aborted. It was on 27-8-1989 that they lived together last and she was taken back to her natal home by her uncle when she complained of physical assaults inflicted by her husband. A criminal case was launched against the appellant on that allegation and later proceedings for maintenance allowance under S.125 of the Code of Criminal Procedure were initiated.

(3.) The present case for decree of dissolution of marriage was filed under S.2(viii) of the Dissolution of Muslim Marriages Act, 1939 (for short 'the Act').