AIR 1944 LAHORE 336

Lahore High Court

Hon'ble Judge(s): Harries , C.J. AND Mahajan , J

Dissolution of Muslim Marriages Act (8 of 1939) , S.2(ii)— Husband's failure to maintain wife - Wife when entitled to divorce u/S.2(ii) - S.2(ii) does not cast absolute duty on husband to maintain wife in all cases : 44 F. L. R. 69 = ('42) 29 AIR 1942 Lah. 92 = 199 I. C. 847, REVERSED. It is not correct to say that S. 2(ii) casts upon the husband an absolute duty to maintain his wife in all cases and any failure in that duty would be a ground for divorce even if the wife herself was at fault and was really the cause of the husband refusing to maintain her. Before a husband can be said to have neglected or failed to provide maintenance for his wife, it must be shown that the husband was under a legal duty to provide such maintenance. If the husband was not under Mahomedan or Anglo Mahomedan law bound to maintain his wife, it cannot be said that he had neglected or failed to maintain her if he sent her no money or other maintenance. A Mahomedan husband is not legally bound to provide maintenance for his wife if the latter without reasonable cause refuses to live with her husband, disobeys his instructions and declines to cohabit with him as man and wife and the husband's failure to maintain his wife in such circumstances cannot entitle the wife to a divorce under S. 2(ii). A Mahomedan wife cannot compel her husband to divorce his other wife and ....