MAHAROOF A.P. Vs. SAMEERA

JUDGEMENT

(1.) The respondent in O.A.No.485 of 2012 on the files of the Family Court, Kozhikode is the appellant before this Court. The above appeal is filed against the judgment dated 31.01.2013, whereby the Family Court dissolved the marriage between the appellant and the respondent under Section 2(ii) and (viii) of Dissolution of Muslim Marriages Act, 1939 (for short, 'the Act') . There is no finding entered with respect to Section 2(iv) even though dissolution was sought also under that ground.

(2.) Facts required for disposal of the appeal are as follows;

(3.) The appellant and respondent were married as per the custom prevailing in Muslim community on 24.02.2005 and the same was celebrated on 06.03.2005. Thereafter the appellant and the respondent were residing together at the house of the appellant and a son was born in the wedlock, later named Midulaj. It is contended by the respondent that due to the mental and physical ill -treatment and harassment of the appellant, respondent has been living separately from the appellant since 09.08.2010. At the time of marriage she was given gold ornaments of 80 sovereigns from her house and then she was a D.Pharm student also. Even though she has completed the course, the appellant has not permitted her to practice and the request made by the respondent for the same was declined by the appellant.