MABIYA KHATUN BIBI Vs. SHAIKH ANWAR ALI

JUDGEMENT

(1.) The only point, arising in this Letters Patent Ap-peal is to the effect whether a Mohamedan wife, who has left the husband voluntarily and has refused to come back to him in spite of requests and had no iusti-fiable ground for staying away from the husband, could claim a dissolution of marriage on the around that the husband ha3 failed or neglected to provide maintenance for her.

(2.) Our learned brother R. N. Dutt, J. in the connected Second Appeal answered the above question in the negative agreeing with the lower appellate court in its view on the said point. In support of his said conclusion, our learned brother and the lower appellate Court referred to several decisions, namely, Kadu v. Smt. Koleman Bibi, (1935) 39 Cal WN 876, Syed Abbas Ali V; Nazernunnessa Begum, (1939) 43 Cal WN 1059, Najiman Nissa Begum v. Serajuddin Ah-med Khan, AIR 1946 Pat 467 Jamila Khatun v. Kasim Ali Abbas Ali, AIR 1951 Nag 375.

(3.) In their judgment, they also referred to the contrary view, expressed in Mt. Noor Bibi v. Pir Bux, AIR 1950 Sind 8.