P.K. ABDURAHMAN Vs. K. RAMLATH

JUDGEMENT

(1.) The appellant is the respondent in Original Petition No. 614 of 2006 of the Family Court, Malappuram and the aforesaid petition was filed by the respondent herein, seeking a decree dissolving the marriage between the appellant and respondent under Section 2(ii)(iv) and (viii)(a)(d) and (f) of the Dissolution of Muslim Marriage Act, 1939 (hereinafter referred to as the Act').

(2.) Brief facts of the case can be summarised as follows:

(3.) The appellant entered appearance through a Power of Attorney Holder and he filed a counter, denying the entire allegations levelled against him in the Original Petition. According to him, the allegations of matrimonial cruelty, harassment and non-payment of maintenance allowance are utter false and the Original Petition was filed without bonafides and the same is liable to be dismissed. He denied the allegation that the respondent was given 25 sovereigns of gold ornaments and Rs. 25,000/- at the time of her marriage and he appropriated the said amount and spent for his business. But, he admitted that she was given 10 sovereigns of gold ornaments at the time of marriage and it was with her when she went to her house at last. According to him, he never assaulted her physically or mentally. Earlier he had very good business and subsequently his business fell down and he has been suffering from financial constrains. He has failed to pay maintenance allowance to the respondent. The Original Petition was filed for the sole reason that now the appellant has been suffering from financial crisis. With the aforesaid averments, the appellant prayed for dismissal of the Original Petition.