Law: Dissolution of Muslim Marriages Act (VIII of 1939)

Section: 2 (ii)

P L D 1956 Sind 298         Dissolution of Muslim Marriages Act (VIII of 1939), S. 2 (ii)-Mere non-maintenance of wife for two years enough irrespective of which party to blame.   In order to succeed in a suit for dissolution of marriage all that a woman is required to do is to establish that for two years immediately preceding the suit, her husband had not provided for her maintenance. Courts have not to go into the question whether the woman herself had contributed towards the failure of her husband to provide maintenance for her.   A I R 1946 Sind 48, A I R 1941 Lah. 166 and Noor Bibi v. Pir Bakhsh P L D 1950 Sind 36 ref.     JUDGMENT   MUNSHI, J.-This is an appeal from the judgment of the 1st Assistant Judge, Sukkur (Mr. Ghulam Hyder Pit) setting aside the judgment and decree of the Joint Sub-Judge Rohri, dissolving the marriage of the appellant-plaintiff with respondent-defendant, The facts leading to this appeal briefly stated are these   Respondent married the appellant about 10 years before the suit. For about four years they pulled on well but thereafter, according to the appellant, the respondent treated her cruelly, charged her with immorality and failed to maintain her. The matters came to a head about a year before the suit when at the intervention of some respectable people, the respondent divorced the appellant. About six months before the suit, the respondent again claimed the appellant as his wife. The latter therefore filed a suit for declaration that the respondent had divorced her and for injunction restraining him from calling himself her husband and for dissolution of marriage on the ground of cruelty and non-maintenance. The Court decreed her suit dissolving her marriage with the respondent on the ground that he had failed to maintain her for more than two years. Against this decree and judgment, the respondent filed an appeal and the learned Assistant judge, by his judgment dated 17th December 1949, set aside the judgment and decree of the Sub-Judge. It is against this judgment and decree that the present appeal has been filed.   Section 2 (ii) of the Dissolution of Muslim Marriages…