MD. YUSUF Vs. NASREEN BEGUM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Husband is aggrieved by dismissal of his Matrimonial Suit No. 262 of 2010 seeking divorce against his wife, respondent herein, under Sec. 307(3) of the Mohammedan Law vide judgment dated 10.08.2016 and decree dated 30.08.2016 by the learned Principal Judge, Family Court, East Singhbhum at Jamshedpur. The suit was dismissed on the ground of maintainability by the learned Family Court holding that under Chapter-16 of the Mulla's Commentary on Mohammedan Law, Muslim husband does not have right to approach the Court for a judicial divorce.

(3.) Background of the case of the parties is being referred to hereinafter to appreciate the issue at hand.