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

Section: 2(ix)

Dissolution of Muslim Marriages Act (VIII of 1939) 5. 2(ix)-Dissolution of marriage-Wife staying away from husband for about seven years without any sufficient cause-Such circumstances, held, cannot lead to conclusion of hatred and aversion existing between spouses-Wife, held further, may not be entitled to decree for dissolu tion of marriage unless reasonable cause shown for not living with her husband.-[Khula'1. Date of hearing : 13th September 1980.                                                                                                                       JUDGMENT The petitioner has challenged the validity of his order dated 23-4-1980, passed by the learned Additional District Judge, Muzafargarh, accepting the appeal filed by respondent No. 1, against the order of the Judge, Family Court, Muzaffargarh, dated 18-7-1979. 2. Respondent No. I filed her first suit for dissolution of marriage which was dismissed by the Judge, Family Court on 9-3-1976. The record does not show any appeal having been filed against that order and as such the same became final. Another suit was filed thereafter at Kabirwala, which was admittedly withdrawn. Thereafter she filed a miscellaneous application before the Martial Law Authorities, Muzaffargarh complaining against the petitioner. The same was not attended to on account of the lack of jurisdiction. 3. After that she filed Suit No. 279 of 1978, before the Judge, Family Court, Muzaffargarh, which was dismissed -on 18-7-1970. On the basis of the pleadings of the parties as many as five issues were framed (1) Whether the plaintiff has no cause of action against the defendant 7 O. P. r. (2) Whether the defendant treated the plaint with cruelty ? O. P. P. (3) Whether the defendant misappropriated, ornaments etc. of the plaintiff 7 O. P. P. (4) Whether the defendant levelled false charge of adultery ? O. P. P. (5) Whether the…