The Kerala High Court dismissed an appeal against a Family Court order dissolving a Muslim marriage. The Court upheld the lower court's finding that the husband failed to provide maintenance and perform marital obligations.
The family court order dissolving the marriage was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE P.D.RAJAN
THURSDAY, THE 1ST DAY OF AUGUST 2013/10TH SRAVANA, 1935
Mat.Appeal.No. 79 of 2013 ()
----------------------------AGAINST THE JUDGMENT IN OP 168/2011 of FAMILY COURT, KASARAGOD DATED 27-09-2012
APPELLANT/RESPONDENT:-:
ABDUL BASHEER P.A., AGED 49 YEARS S/O.ABBAS MUSALIYAR, PAIKA MEETHAL HOUSE, MULIYAR PAIKA P.O., NEKRAJE VILLAGE, KASARAGOD DISTRICT.
BY ADVS.SRI.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH
SMT.R.LEELA
RESPONDENT(S)/PETITIONER:-:
NABEESA,, AGED 41 YEARS D/O.AMU, RESIDING AT KALANAD HOUSE KALANAD P.O. AND VILLAGE, KASARAGOD DISTRICT.
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 01-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
acd
ANTONY DOMINIC & P.D. RAJAN, JJ.
Mat. Appeal No.79 of 2013
Dated this the 1st day of August, 2013
JUDGMENT
ANTONY DOMINIC,J.
This appeal arises from the judgment of the Family Court, Kasaragod in O.P.No.168/2011. The O.P. was filed by the respondent wife seeking dissolution of marriage in terms of the provisions contained in the dissolution of Muslim Marriage Act 1939. By its order dated 27th September, 2012, the Family Court allowed the O.P. and dissolved the marriage invoking grounds under Section 2 (iv), (viii)(d) and (f) of the aforesaid Act. It is aggrieved by this order, the husband has filed this appeal.
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to perform, without reasonable cause, his marital obligations for a period of three years as provided under Clause (iv) of Section 2 of the Act. These findings itself justified the order passed by the Family Court for dissolution of the marriage.
The Mat. Appeal will stand dismissed.
ANTONY DOMINIC, JUDGE
P.D. RAJAN, JUDGE.
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Mat. Appeal No.79/13 4
Mat. Appeal No.79/13 5
3 issues framed by the court
Whether the appellant failed to prove that he provided maintenance and performed marital obligations for the required period.
Whether the Family Court's finding of failure to provide maintenance and perform marital obligations was legally sustainable.
Whether the appeal against the dissolution of marriage should be allowed.
2 provisions across 1 enactments
ABDUL BASHEER P.A.
NABEESA
ANTONY DOMINIC
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
