Law: Dissolution of Muslim Marriages Act, 1939

Section: 2(ii)

Dissolution of Muslim Marriages Act (VIII of 1939)----S. 2 (ii) Wife deliberately refusing to return to husbands house  Husband not bound to maintain her separately No ground for divorce.   Where there is no reliable evidence to establish any default on the part of the husband and it was the wife who deliberately refused to return to her husbands house, the husband was under no duty to provide  for her maintenance in her parents house and therefore it was futile to argue “that the husband had neglected or had failed to provide for her maintenance” or “that the husband has failed to perform without reasonable cause his material obligations for a period of three years”.   Mst., Aishan Bibi v. Sain P L D 1952 Lah. 460 ref. JUDGMENT Mst. Sherinzadgi's suit for dissolution for her marriage was decreed by the trial Court against her husband Gul Muhammad, but on appeal the District Judge dismissed She suit. She has now come up to this Court on a further appeal. 2. It is common ground between the parties that the wife had been living in her parent's house for more than three years prior to the institution of the suit, but there is sharp disagreement between them as to whether it was the wife who had run away from the hasband's residence or it was the husband who had forcibly turned her out. The evidence produced by the wife falls for short of the standard required for the proof of the allegation of ill treatment. On the other hand the husband has produced sufficient evidence to rebut his wife's allegations and to prove that his wife had gone to the house of her parents on the pretext of attending a marriage party, and that thereafter she refused to return in spite of his repeated request in the shape of deputations sent on several occasions. I agree with the finding of the Appellate Court that the husband was not to blame, and that it was the intransigence of the wife and her parents which caused their separation for more than three years. 3. The appellant's counsel, however, contends that even if the…

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