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Judgment
P.N. Mookerjee, J.—The only point, arising in this Letters Patent appeal is to the effect whether a Mohamedan wife, who has left the husband voluntarily and has refused to come back to him in spite of requests and had no justifiable ground for staying away from the husband, could claim a dissolution of marriage on the around that the husband ha3 failed or neglected to provide maintenance for her.
Our learned brother R. N. Dutt, J. in the connected Second Appeal answered the above question in the negative agreeing with the lower appellate court in its view on the said point. In support of his said conclusion, our learned brother and the lower appellate Court referred to several decisions, namely, Kadu v. Smt. Koleman Bibi (1935) 39 CWN 876, Syed Abbas Ali V; Nazernunnessa Begum (1939) 43 CWN 1059, Najiman Nissa Begum Vs. Serajuddin Ahmed Khan, Jamila Khatun v. Kasim Ali Abbas Ali AIR 1951 Nag 375.
In their judgment, they also referred to the contrary view, expressed in Mt. Noor Bibi v. Pir Bux AIR 1950 Sind 8.
They, however, preferred to follow the preponderant judicial opinion on the point, represented by the first set of cases, and were not inclined to accept the single decision, reported in AIR 1950 Sind 8, supra.
At the hearing before us, our attention has been drawn to another decision, a later one, reported in Smt. Rabia Khatoon v. Mohd. Mukhtar Ahmad AIR. 1966 All 548, which also took the same view on the point as the first set of cases abovementioned.
Having considered the matter in the light of the above authorities and the relevant principles of law, we are of opinion that the decision in the first set of cases, apart from weight of authority, is more acceptable on principle. In this view, we would agree with our learned brother R.N. Dutt, J. in disallowing the plaintiff''s claim in the instant case and uphold the dismissal of her suit.
This appeal will, accordingly, fail and it will be dismissed.
There will be no order for costs, either in this Court or in any of the courts below.
Amiya Kumar Mookerji, J.
I agree.