Dismissed

Marshal Mohammed v. Sajina.a

Kerala HC11 Jul 2022Mat.Appeal/280/2022

Case brief

AI extract

What is this about?

In a matrimonial appeal, the husband challenged a divorce decree granted to the wife under the Dissolution of Muslim Marriages Act. The High Court upheld the divorce decree, endorsing the Family Court's finding on cruelty and the husband's admission of a second marriage and six-year estrangement.

What did the court decide?

Divorce decree in favour of the respondent wife was confirmed; matrimonial appeal of the appellant husband was dismissed.

Marshal Mohammed Vs Sajina.a — Matrimonial and Divorce | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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MONDAY, THE 11^TH DAY OF JULY 2022 / 20TH ASHADHA, 1944

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MAT.APPEAL NO. 280 OF 2022

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AGAINST THE JUDGMENT DATED 30.11.2021 IN OP 2016/2016 OF FAMILY COURT,

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THIRUVANANTHAPURAM

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APPELLANT/COUNTER PETITIONER NO.1:

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1 MARSHAL MOHAMMED AGED 54 YEARS SON OF. LATE NAGOOR MOHAMMED KHAN, RESIDING AT ZENITH HOUSE, EDAMON, PUNALUR, KOLLAM, PIN - 691305 BY ADV V.S.MANSOOR

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RESPONDENTS/PETITIONER & COUNTER PETITIONER NOS.2&3:

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1 SAJINA A. AGED 44 YEARS D/O. ABDUL KALAM, RESIDING AT.. OLIVA, MNRA 37 1B, KODAL PARK, MLA ROAD, KUDAPPANAKKUNNU-PO, THIRUVANANTHAPURAM, PIN-695043 FROM SAJINA MANZIL CHALIMUKKU, KOLLAYI-PO, MADATHARA, KOLLAM DISTRICT, NOW RESIDING AT T.C. 14-1497, HOUSE NO. APRA-12, MEENATHUVILA THOTTAM, ARAPPURA ROAD, KANNAMMOOLA, MEDICAL COLLEGE-PO, THIRUVANANTHAPURAM-695011 2 NAJUMSSAHER MARSHAL MOHAMMED W/O. MARSHAL MOHAMMED, HOLDER OF INDIAN PASSPORT NO- L7415603, RESIDING AT VALSAD, GUJARAT, FLAT NO.4, FIRST FLOOR, SHAKTHI CHAMBERS, NANA, PIN - 396126 3 MALLI REDDY PRAMEELE AGED 48 YEARS D/O. ALEPATI BHASKAR REDDY, HOLDER OF INDIAN PASSPORT NO. J5946662 RESIDING AT NALLAPAREDDY PALLI, BESTAPALLE, PENAGALUR CUDDAPAH, ANDHRAPRADESH, PIN - 516127 BY ADV LATHEESH SEBASTIAN SEBASTIAN

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 11.07.2022,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat Appeal No. 280 OF 2022

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JUDGMENT

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Dated this the 11^th day of July, 2022

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A.Muhamed Mustaque, J.

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This Mat. Appeal is filed at the instance of

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the husband challenging a decree of divorce granted in favour of the wife. The parties were married in accordance with Muslim ceremonies and rites in the year 1995. In the wedlock one daughter was born. She is now studying for M.D. The wife approached the Family Court, Thiruvananthapuram invoking the Dissolution of Muslim Marriages Act, 1939. In that petition, the wife arrayed two co-respondents. The 2^nd respondent in that petition is a women with whom the husband allegedly contracted a second marriage. The 3^rd respondent appears to be another women with whom the husband is allegedly having an illicit relationship. The Family Court after evaluating pleadings and evidence, was of the view that the husband committed cruelty and accordingly, granted divorce in favour of the wife. This case, in fact, was tried along with another petition

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Mat Appeal No. 280 OF 2022

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filed by the wife for recovery of the value of gold ornaments.

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The parties appeared before us in person. The husband admitted before us that he has contracted a marriage with the 2^nd respondent. According to him, his wife was aware of the 2^nd marriage.

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The parties are living separately for the last six years. As per the Quranic Injunction, the husband is expected to treat both wives equitably if he has got more than one wife. The failure of the husband to have conjugal relationship with the first wife for more than a period of six years, would be a ground for divorce for the first wife. The marriage, for all practical purposes, has come to an end.

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The Family Court evaluated the evidence

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and entered into a finding that lack of care and love itself would amount to cruelty. We are not going into the above findings of facts for the reason that, admittedly the husband had married the 2^nd respondent and he has no relationship with the

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Mat Appeal No. 280 OF 2022

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first wife for more than 6 years. In that scenario, the wife has made out a case for divorce in accordance with the Dissolution of Muslim Marriages Act. We, therefore, confirm the order of divorce and dismiss the Mat. Appeal.

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No order as to cost.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Sd/-

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SOPHY THOMAS, JUDGE

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SKP/11-7

Marshal Mohammed v. Sajina.a

Case brief

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What did the court decide?

Marshal Mohammed v. Sajina.a

Case brief

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What did the court decide?

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