ZOONA Vs. MOHAMAD YAKUB NAJJAR
HIGH COURT OF JAMMU AND KASHMIR
MOHAMAD YAKUB NAJJAR
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I.K.Kotwal, J. -
(1.) The appellant in this appeal is the wife, whose suit few das-solution of her marriage wife the respondent her husband, was decreed, by the trial Court, but was dismissed on appeal by the lower appellate Court.
(2.) The salt was brought by her under Section 2 (ii), (iv), and (viii) of the Dissolution of Muslim Marriages Act, 2003, hereinafter to be referred to as the Act, on the allegations that her marriage with the respondent was solemnized nearly six years prior to the institution of the suit. Hardly two years had passed, when she was given a severe besting by the respondent and was turned, out of her matrimonial home, after snatching all her ornaments and clothes. She sent a number of persons to the respondent to persuade him to take her back to his fold and provide her maintenance, but he refused to do so and did not resume cohabitation with her, nor did he provide any maintenance to her ever since she was turned out by him.
(3.) The respondent denied all these allegations and resisted the suit alleging that the appellant had left his house of her own free will in furtherance of plan, and had refused to return even after he had gone himself and had also sent a number of persons to her to persuade her to come back to his house. She had also taken all clothes and ornaments with her. He was willing to provide her all the maintenance and resume-matrimonial relations with her, provided she too was prepared to live with him.;
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