SHAMEENA T Vs. A BADARUDHEEN

JUDGEMENT

(1.) Parties are muslims. They are husband and wife. Their matrimonial life went unfriendly. She sought divorce. But lost. Hence is she in appeal.

(2.) The case pleaded by the appellant is summarised below: She was married to the respondent on 203.2001. One child was born in the wedlock. The respondent used to assault the appellant at the instigation of his parents. His mother fisted her enclosing a key in her hand and caused her hurt. She was ousted from his house by his mother on 30.12005. He married one Suhra on 06.04.2006. He now lives happily with his second wife discarding the appellant. The appellant is not treated equitably. He did not provide her maintenance for over two years. He disposed of her car, the registered owner of which was her father.

(3.) The respondent filed counter-statement. His contentions go as under: The appellant was insisting on the respondent to stay in her house. He has been sending money, ornaments and clothes to her and the child. She left his house in November, 2005. His relatives attempted to bring her back, but she refused. Even after separate stay he sent money for her maintenance. Initially she accepted the money, but later refused to receive it. She refused to come to gulf and join him there. On her false complaint, a criminal case was registered against him and his parents. He did not marry Suhra. He never ill-treated the appellant or harassed her. He did not dispose of her car without her consent. In fact he was deserted by her.