YOUSUF RAWTHER VS SOWRAMMA (AIR 1971 KERALA 7201)

INTRODUCTION
Woman is the foundation of the human society as she is the direct agent of life force and if the
foundation is not solid or not properly maintained the whole building of the human life is bound
to crack and dismember. The position and status of women has varied from country to country,
community to community and in the same country from time to time. But Islam has totally
changed the status of women and has given a place of pride to them. Islam always avoided
divorce, but allowed it only in such cases where peace or happy life or both became impossible
for the parties.

The Quran does not specify any matrimonial offence, the great Prophet laid down no 'bars' to
matrimonial relief. The law giver of Islam did not want the matter to be taken to the court at all
unless it became unavoidable. Unequivocally declaring divorce to be the "worst of all permitted
things", and he wanted his people to keep away from it. However, where this worst was to
happen unavoidably, he wanted husband or wife or both of them to act quietly and privately.

This is the well known tradition of the Holy Prophet:

....of all the things which have been permissible to men, Divorce is the most hated by Allah...."

"And fear God" is the Quranic warning in connection with divorce. The Quran clearly warns
husband not to do any type of injustice to the ladies to be divorced”.

Maintenance under Muslim Law known as ‘Nafqah’ means amount spent by a man on his family
to provide for food, shelter, clothing, lodging and other essential requirements for livelihood. A
Muslim husband has obligation to maintain his wife during the subsistence of marriage. A
husband is required to maintain his wife irrespective of his financial condition.

Grounds for the decree of dissolution of marriage:

As per the section 2 of The Dissolution of Muslim Marriage Act 1939 a woman married under
Muslim law shall be entitled to obtain a decree for the dissolution of her marriage under several
grounds.

In this project work, more attention will be given to the grounds on which the case of “Yousuf
Rawther vs Sowramma (AIR 1971 Kerala 7201)” was filed and what judgment was given to
bring the case to the justice.

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RESEARCH OBJECTIVES

 To study the case law “Yousuf Rawther vs Sowramma (AIR 1971 Kerala 7201)”.
 To study the grounds for decree for dissolution of marriage.

RESEARCH QUESTIONS

 What is meant by maintenance under Muslim Law?

 On what ground Muslim women can seek for divorce?
 What if maintenance is not provided by husband?
 When a Muslim woman is not entitled to seek maintenance?

HYPOTHESIS

Maintenance is very essential part of any marriage. Husband is under obligation to maintain
their wife irrespective of the financial status.

RESEARCH METHODOLOGY

The researcher has mostly adopted doctrine method of the research in this project. The researcher
has primarily relied on internet sources.

TENTATIVE CHAPTERISATION

 Definition of maintenance
 Section for ground of divorce under Muslim law
 Discussion of case law
 Grounds for award of maintenance
 Conclusion