KHACHERU Vs. KHAIRUNISSA

JUDGEMENT

(1.) This is a deft's appeal arising out of a suit by a wife for the dissolution of marriage. Parties are Muhammadans.

(2.) It is the common case of the parties that the plff. Mt. Khairunnisa, was married to the deft, about two & a half years prior to the suit, She was minor then & therefore, she stayed with her father. Her age at the time of the suit was about sixteen years. It seems that the deft. insisted that she should come to live with him. Her father desired that she should go to him after attaining majority. This appears to have sown the seeds of discord, between the parties. It was alleged by the plff. that when she was coming in a bullook-cart with her parents from her maternal grandfather's place, she was forcibly taken away by the deft. & his party. She remained there for about 20 or 22 days & daring this period she was subjected to great cruelty. She was beaten & was shut in a room. On these groands she prayed for a declaration for the dissolution of marriage.

(3.) The deft, denied the cruelty & resisted the claim.