KAMARJEHAN SAYED MALANG Vs. SAYED MALANG ABDUL REHMAN

JUDGEMENT

(1.) THIS is a Suit by the plaintiff wife seeking decree of divorce of her marriage with the defendant under the provisions of Dissolution of the Muslim Marriage Act 1939 on the ground of cruelty and, negligence and failure to provide her maintenance. She has also claimed the custody of the minor son and maintenance from the defendant.

(2.) FEW relevant facts: The parties herein married at Bombay on 25th June 1987 according to Muslim Shariat Law. It is the case of the wife that after marriage she resided and cohabited with the husband and there are two children of the marriage-both sons Sayed Liyakat aged about 7 years and Sayed Mohsin aged about 4 years. Both the sons are with the plaintiffs and being looked after and maintained by her. She has also claimed their custody stating that since August 1991 the defendant has not cared for both the sons and he has no love and affection for them.

(3.) THE defendant has been served and affidavit of service dated 27th March 1996 has been filed which is Exh-A on record. The defendant has not appeared before the Court. He has also not filed the appearance or Written Statement in answer to the case of the plaintiff as stated in the plaint and briefly adverted to hereinabove.