Case Summary: A. Yousuf Rawther vs Sowramma

A. Yousuf Rawther vs Sowramma

Author : Neha Singh

Citation: AIR 1971 Ker 261

Bench: Justice V K Iyer

INTRODUCTION

In this case A. Yousuf Rawther vs Sowramma the conjugal & maintenance rights of a wife are being examined where the wife pleaded for dissolution of marriage and the court discussed on the grounds of divorce. The court held that the principles of the Holy Quran of marriage regarding divorce were directed for betterment of womanhood and one not fulfilling his duty as a husband should not expect the same from the wife.

FACTS

The plaintiff after attaining puberty moved to the husband’s house. Then the defendant left for Coimbatore, the very next day, where he was running a radio dealer’s business. A month’s wait in the house of the husband and then the plaintiff went back to her parents, this separation lasted for over two years during which the defendant failed to maintain the wife, the ground alleged by the defendant being that he was willing to keep her with him but she refused to return to the conjugal home. Anyway, a litigation for dissolution of marriage erupted. The trial court dismissed the suit but the Subordinate Judge’s Court granted a decree for dissolution of the marriage for which the husband has filed this appeal. This is an appeal challenging the validity of the decree of the lower appellate court.

ISSUES

Whether the wife can claim dissolution of marriage for failure of the husband to maintain the wife for 2 years?

JUDGEMENT

 The appeal failed and was dismissed and held that failing to provide maintenance to the wife is a ground for dissolution of marriage.