Guwahati Court July 1998 Judgments

Md. Abdul Zalil Ahmed Vs. Mustt. Marina Begum

Court: Guwahati

J.N. Sarma, J. 1. An application for divorce was filed by the wife under the Dissolution of Muslim Marriage Act, 1939 to dissolve her marriage which was celebrated on 2oth March, 1990. The main ground in the application for divorce was that the husband has failed to perform without reasonable Cause his marital obligation and that husband treated with cruelty i.e. physical torture and ill-treatment and making her life miserable by cruelty of conduct. The Dissolution of Muslim Marriage Act, 1939 was enacted with the object to ameliorate the lot of a Mohammedan wife and enlarge her right. There is no provision in the Hanafi Code of Muslim Law to enable a Muslim woman to obtain a decree from the Court dissolving her marriage, in case the husband neglects to maintain her, makes her life miserable by deserting or persistently mal-treating heror absconds leaving her unprovided for and under certain other circumstances. The absence ofsuch a provision has entailed unspeakable miseryto innume...