MOHAMED USMAN Vs. SAINABA UMMA

JUDGEMENT

(1.) This is a matrimonial cause. The wife complained of cruelty and not providing maintenance to her husband. She also contended that the marriage has broken irretrievably. On these grounds, she prayed for a dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939, hereinafter referred to as 'the Act'. The husband resisted the suit. The Trial Court dismissed the suit. Plaintiff wife filed an appeal. The appellate court found that the plaintiff has made out a valid ground under S.2(ix) of the Act. Now, the defendant husband appeals.

(2.) The sequence of the relevant facts is this: The marriage of the parties took place on 10-10-1971. The "Nikkah" ceremonies were in the home of the husband. The husband and wife began to live together in the husband's home from November, 1972. After some months husband took it as a habit to come home after consuming liquor. He began to indulge in horse-play in the home. When the wife questioned, the usual answer was an assault on her. Later, the husband made his home itself the venue for his drinking spree. He used to become boisterous and violent on such occasions. A drunken carousal followed every day in the company of his friends. Any resentment by the wife resulted in severe assault on her. In 1978, she left her home for her parents' house. Mediation followed. She returned to her husband's home, but the husband continued his habits with added vigour. In January. 1981, wife sought permission to go to her parents' house, since her life with her husband became a perpetual torture and mental agony for her. She was taken to her home in January. 1981. The husband never cared to maintain her and showed any concern for her. The wife says that there is a complete break down of marriage which is irretrievable. The husband stoutly denied the allegations. The legal proceedings commenced in 1983. The facts of the case reveal that from 1981 onwards, the parties are not living together as husband and wife.

(3.) The learned counsel for the appellant husband submits that the finding of the appellate court that there is irretrievable break down of marriage is incorrect and requires a re-consideration by this court.