SAIDALI K H Vs. SALEENA V

JUDGEMENT

(1.) Can a Muslim husband exercise his right of divorce indiscreetly Can he marry more than one upto four at a time - is it an unbrided authority for him If not, should Muslim women suffer this tyranny for all times Should their personal law remain so cruel towards these unfortunate wives These are some of the questions arising for consideration in this case.

(2.) This appeal is directed against the order of the Family Court, Thrissur in O.P. No. 1095 of 2006. The said Original Petition was filed by the respondent/wife under Section 2(ii), (iv) and (viii)(a)(d) and (f) of the Dissolution of Muslim Marriages Act, 1939 for dissolution of her marriage with the appellant. By the impugned order, the Family Court allowed the Original Petition. Hence, the appeal by the husband. The parties herein are referred to as petitioner and respondent as in the Original Petition.

(3.) The marriage between the petitioner and respondent was solemnised on 1.6.2002. Their only child is now aged five years. The petitioner/wife alleged that her husband and his family members behaved very cruelly towards her contrary to her expectations, that they ill treated he mentally and physically and misappropriated 46 sovereigns of gold ornaments which were given to her at the time of marriage. She further alleged that after two months of the marriage, her father was forced to give Rs. 50,000/- to the respondent/husband for starting a garment shop and that the respondent/husband and his family members frequently ill treated her demanding more dowry and even asked her to leave the matrimonial home if more dowry was to paid. It is also pleaded in her petition for divorce that the respondent failed to perform his marital obligations, that he withdrew from co-habiting with her and also failed to maintain her and their child. According to the petitioner, her status in the matrimonial home was that of a housemaid. It is also pleaded by her that her husband is a man of means, that he is running a barber shop as well as a garment shop, that he has landed property and is getting a monthly income of Rs. 15,000/ - and inspite of that he is not willing even to satisfy the basic needs of the petitioner and the child. In paragraph 8 of the petition, it is pleaded that the respondent/husband has married another lady by name Regina. In paragraph 10 of the petition, she has slated that their relationship as husband and wife has irretrievably broken and that the respondent deliberately deserted her and the child. She has also stated that the failure on the part of the respondent/husband to perform his marital obligations and to maintain her and the child has also led to their separation which cannot be repaired or revived.