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

Section: 2

Dissolution of Muslim Marriages Act (VIII of 1939) S. 2-Muhammadan Law-Marriage-Dissolution of marriage on account of habitual cruelty to wife-Mere fact that in Muslim Society husband happens to be superior to his wife-Held, cannot help husband in avoiding legal consequences of his maltreatment.­[Muhammadan Law]. Date of hearing : 4th May 1981.                                                                                                                          JUDGMENT Respondent No. 1, Mst. Kamal Fatima, hereinafter referred to as the respondent, filed a suit for dissolution of marriage, against her husband, Muhammad Zafar. He is petitioner in the instant writ petition. In her suit, it was alleged by the respondent that the petitioner had treated her with habitual cruelty, that he had failed to maintain her for more than two years, that he had not performed marital obligations for more than two years and that he had misappropriated her dowery. On the other hand, the petitioner filed a suit against the respondent for restitution -of conjugal rights. Both the suits, which were pending before a Family Court of Lahore, were consolidated and following issues were framed (1) Whether the defendant has failed to maintain the plaintiff for more than two 'years. O. P. P. (2) Whether the defendant has apt performed the marital obligations for more than three years. O. P. P. (3) Whether the defendant has been treating the plaintiff with habitual cruelty. O. P. P. (4) Whether the defendant has misappropriated the dowery of the plaintiff. O. P. P. (4-A) Whether the defendant is entitled to a decree for restitution of conjugal rights. O. P. P. (5) Relief The learned Judge of the Family Court decided Issues Nos. 1, 2, 3 and 4-A in favour of the respondent and issue No. 4 against her. Resultantly, in view of his findings on Issues Nos. 1, 2, 3 and 4-A he decreed the…