I - On Dissolution of Muslim Marriage

Md. Abdul Zalil Ahmed, Petitioner v. Mustt. Marina Begum, Respondent.

J.N. SARMA, J.

Dissolution of Muslim Marriages Act (8 of 1939), Section 2(iv)(viii)(a) - Divorce – Wife seeking divorce on ground of cruelty and non performance of marital obligation by husband - Subsequent application by both for divorce on mutual consent - Grounds for divorce under Section 2 already met out - Decree of divorce can be passed in terms of compromise between the party, even in absence of provision of divorce by mutual consent under the Act, if it does not militate against grounds under Section 2 – More so, when the husband has already married and marriage of wife was also fixed up. (Source: AIR 1999 Gauhati 28)

II - On Validity of Gift Deed

Noorbibi, Appellant v. Ayeshabibi and others, Respondents.

D.C. SRIVASTAVA, J.

Muslim Law - Gift deed - Validity – Clear declaration of gift by donor in favour of donee - Gift being by husband to wife who were living in house jointly, no necessity for formal departure of donor and formal entry of donee regarding acceptance of gift can be presumed in such case - Held, gift was perfectly valid – Some superfluous and redundant recitals in deed ... would not render gift deed to be in future or conditional gift and therefore invalid. (Source: AIR 1999 Gujarat 27).