SETTU Vs. RESHMA SULTHANA

JUDGEMENT

(1.) The appeal has been preferred by the Husband against the dismissal of his petition filed for dissolution of his marriage with the respondent under Sec. 2(8) of Dissolution of Muslim Marriage Act by the Family Court. The appellant got married the respondent on 13/8/1998 at Bangalore and out of the wedlock, two children were born to the couple. The appellant was working at Qatar and out of his earnings, he had purchased a house property at Bangalore in which the respondent was living with their children. When things stand so, the appellant came to know through his daughter that the respondent was having many boyfriends and leading a wayward, illegal and immoral life. Inspite of the warnings given by the appellant/husband, the respondent continued her relationship with her boyfriends. Left with no other option, the appellant returned to India. However, to his shock and surprise, the respondent got married their daughter, who was a minor then, to a person who was a tenant in the appellant's premises without the knowledge of the appellant. In this regard, a police complaint was also given.

(2.) Thereafter, the appellant brought his son to his native Harur and admitted him in the local school. As the best efforts taken by the appellant to get reunited with the respondent proved to be futile and the request made to the family members of the respondent did not yield expected results, the appellant issued a notice dtd. 22/4/2016 through the Government Khazi, Dharmapuri asking his wife to come and live with him.

(3.) Inspite of receiving the said notice, neither the respondent got reunited with the appellant nor sent a reply to the said notice. Therefore, as per muslim religious customs, first talaq notice was issued on 05.05.2016. As no reply was received for the said notice from the side of the respondent, second and third talaq notices were issued 04.06.2016 and 12.07.2016 respectively calling for the respondent to appear before the Government Khazi, Dharmapuri. Since the respondent was able to evade receipt of notice, the Government Khazi, Dharmapuri issued the talaq certificate on 15.09.2016. On receipt of the said certificate, the appellant/husband approached the Family Court at Dharmapuri and filed a petition for divorce under Sec. 2(viii)(a) of Dissolution of Muslim Marriages Act, 1939. Though summons in the said OP was served on the respondent, she remained exparte. After examining the appellant/husband and marking the documents Ex.P.l to P.9, the learned Family Judge dismissed the petition on the ground that the petition is not maintainable by the Husband under the provisions of Dissolution of Muslim Marriages Act, 1939 and only the muslim women married under the muslim law is having the right to get the under the said Act. The said dismissal of divorce petition filed by the appellant/husband is being challenged before this Court by way of this appeal.