SK. JANU MAHAMMAD Vs. AYASA BIBI

JUDGEMENT

(1.) THE Defendant -husband is the Appellant against the decree of the appellate Court granting dissolution of marriage in a suit by the Plaintiff, by reversing the decree of the trial Court.

(2.) THE parties got married in April, 1959. It was alleged by the wife that after their marriage the Defendant came and lived with the Plaintiff in her house. About a year after marriage, a son was born to them and that boy has been given away in adoption by the Defendant. The Plaintiff further alleged that the Defendant bad taken to drinking, developed ill contacts and started physically assaulting the Plaintiff on several occasions. He also did not maintain the Plaintiff. In June, 1961 he physically assaulted the Plaintiff and she was laid up for quite a long time on account of injuries sustained by her. From July, 1961 the Defendant went away and kept no contacts with the Plaintiff. His whereabouts were not known to the Plaintiff, nor did he ever provided any maintenance for her. As the Defendant had failed to provide maintenance for more than two years, the wife applied for dissolution of the marriage.

(3.) THE learned trial Judge came to hold that the Plaintiff had failed to establish that there was any cruelty to her or that the Defendant was indulging in gambling and had developed drinking habits. The plea of abandonment was also found against. He further found that the Plaintiff had relationship with the Defendant till 1962 -63. Then he came to examine the question of maintenance and non -payment thereof. He came to hold that the Defendant had not been paying any maintenance for when over two years before the suit but the Plaintiff never expected any maintenance as she lived along with her father and was being maintained by him. He accordingly dismissed the action.