Law:

Section:

Dissolution of Muslim Marriages Act (VIII of 1939)--------S. 2---­Suit for dissolution of marriage on grounds of cruelty, non-payment of maintenance and non performance of marital obligations-Decree of maintenance obtained by wife not honoured criminal proceedings under S. 107/151, Cr. P. C. between spouses on complain of wife husband having a second wife-Offer of husband in circumstances, to provide maintenance to wife and a separate house, held, not palpably honest -Special Leave to Appeal granted by Supreme Court to consider whether lower Courts were right in dismissing suit on mere offer of husband to maintain wife. Ataullah Qureshi, Advocate Supreme Court, instructed by Sh. Abdul Karim, Attorney for Petitioner. Nemo for Respondent. Date of hearing : 9th October 1968. ORDER ABDUS SATTAR, J.-This petition, for leave to appeal arises out of a suit brought by the petitioner against her husband the respondent for dissolution of marriage on the grounds of cruelty, non-payment of maintenance and non-performance of marital obligations. The husband also filed a suit for restitution of conjugal rights. Both the suits were heard together and dismissed by the Civil Judge III Class, Gujrat. The petitioner filed an appeal which was dismissed by the Additional District Judge, Gujrat. The second appeal in the High Court also was dismissed. One of the issues raised in the suits was whether the petitioner "has no cause of action to…

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