Shaji K. Aboobacker vs Sheheena M.P.

R. Basant, J.—This appeal is preferred by the appellant/husband against a decree for divorce under the provisions of the dissolution of Muslim Marriage Act.

Marriage is admitted. The wife alleged cruelty and desertion. Connected matters were also pending. All the cases were disposed of by a common judgment.

The wife tendered evidence about the alleged cruelty. In addition to her own oral evidence of cruelty, the wife pressed into service the further fact that the husband had remarried and that she has not been treated equitably. She was unwilling to continue the relationship. Criminal proceedings for matrimonial cruelty had also been initiated against the husband.

The court below, in these circumstances, came to the conclusion that the allegations of cruelty had been established satisfactorily. The court took note of the oral evidence about cruelty. The court further took note of the admitted circumstance that the appellant/husband had married again and the wife had expressed her unwillingness to continue the matrimony. We are not satisfied that there is any worthwhile case to be considered and adjudicated in the appeal. Following the decision in Abdurahiman Vs. Khairunneesa, , the wife is, at any rate, entitled to a decree for divorce on the ground of cruelty when she is unwilling to continue as a co- wife along with her polygamous husband. Her plea that she is not treated equitably will certainly have to be accepted. The learned Counsel for the appellant/husband points out to us that the second marriage is a subsequent event and not an event that was there in existence when the parties started separate residence.

We are satisfied that in the wake of the undisputed second marriage of the appellant and the assertion of the wife that she does not want to continue the matrimonial relationship as a co-wife along with her husband, the finding of cruelty and consequent decree for dissolution are absolutely justified. We are satisfied that this appeal deserves to be dismissed in limine and notice need not be issued to the respondent.

This Matrimonial Appeal is, in these circumstances, dismissed.