SULTANA JALALUDDIN RAJGURU Vs. JALALUDDIN SHAH RAJGURU

JUDGEMENT

(1.) THIS is a suit for divorce filed by a Muslim woman against the husband under section 27 of the Dissolution of Muslim Marriage Act, 1939. The Defendant has been duly served but he has not chosen to put in appearance or to file Written Statement. The suit was fixed for ex parte evidence today. The plaintiff examined herself and closed her case. Even today, the Defendant is absent. Heard the learned counsel for the plaintiff.

(2.) AS could be seen from the allegations in the plaint, the plaintiff and Defendant got married according to Muslim rites on 26.1.1985. A child named Nazneen was born out of the wedlock on 8.4.1986. Both of them were residing in the husband's house at Vikhroli. It is alleged that Plaintiff who is a working woman and the Defendant had no job. It is alleged that the Defendant used to assault the Plaintiff and treated her with cruelty throughout. He used to abuse her in filthy language and demand money from her and that the acts of cruelty made the life of the plaintiff miserable. It is also alleged that in July 1986 the Defendant drove the Plaintiff and her child out of the matrimonial home. Since then the Plaintiff has been staying with her parents along with the child. It is also stated that the plaintiff made an attempt to join with the Defendant-husband but it vain. It is also alleged that the Defendant did not provide any money for the maintenance of herself and the child; hence the suit is filed praying for the dissolution of the marriage and for the custody of the minor child and payment of Rs.2,000.00 as maintenance per month for the child.

(3.) TWO issues were fail for consideration: