Law:

Section:

Muhammadan Law-Divorce-Wife must show that husband was under legal duty to maintain her-Failure on part of wife to obey reasonable instructions of husband and live with him disentitles her to maintenance-Dissolution of Muslim Marriages Act (VIII of 1939), S. 2 (ii). The crucial words in section 2 (ii) of Dissolution of Muslim Marriages Act (VIII of 1939) are neglected and failure. These words are used with reference to a duty which a person has neglected or failed to perform. In order to obtain a decree for dissolution it must be shown that there was a legal duty on the husband to maintain his wife at the relevant time and that he failed or neglected to perform that duty. Under the Muslim Law, the wife is under an obligation to obey and carry out lawful and reasonable instruc­tions of her husband, submit herself to him and live with him in his house. Her failure to do so will disentitle her to maintenance. Mst. Aishan Bibi v. Sain P L D 1952 Lah. 460 rel. JUDGMENT MUNSHI, J. -- This is an appeal from the judgment of our brother Bachal, J. decreeing the suit of the respondent for dissolution of her marriage with the appellant under section 2 (ii) of Act VIII of 1939. The suit of the respondent was based on grounds of cruelty and failure to maintain her. Our brother, while holding that the allegation of cruelty was not proved, held that failure on the part of the appellant to maintain the respondent was proved. He based his judgment on this finding and decreed the suit for dissolution. The question whether failure or neglect to maintain one's wife, confers an absolute right on the latter to claim dissolution, has been subject of discussion in various High Courts. The majority is against the view that mere failure to maintain confers an absolute right on the wife to a decree for dissolution. The most important decision on this point is that reported in Mst. Aishan Bibi v. Sain (P L D 1952 Lah. 460) in which, the Chief Justice of that Court who is now the Chief Justice of Pakistan has in his able judgment, discussed all the aspects of the case and the rulings of various High Courts, and has held that if by reason of the wife's conduct, the husband was under no…

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