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1945 Supreme(Cal) 97

Mt. Ayesha Bibi – Appellant
Versus
Subodh Ch. Chakravarty – Respondent


JUDGMENT

Ormond, J. - This is a suit filed on the original side of this High Court by the plaintiff claiming a declaration under S. 42, Specific Relief Act, Act IX [9] of 1877, that the marriage between the plaintiff and the defendant has been dissolved and that the plaintiff is not the wife of the defendant. It is an undefended suit in which the facts are simple and in a small compass, but it raises complicated questions of law, the decision of which is of far-reaching importance. Amongst these are general questions, to what extent this High Court is bound to, or entitled to, administer the personal law of the parties in a suit, where there is a question relating to marriage; and on what principles; also special questions relating to both Hindu and Mahomedan law. I therefore thought it proper that, in addition to the argument of counsel for the plaintiff, the Court should have also the assistance of counsel as an amicus curiae; and on my invitation the Advocate-General, Mr. S.M. Bose, was good enough to appear as an amicus curiae. Then at a later date when the Advocate-General was away from Calcutta, when final argument on certain further points in respect of Hindu law had arisen f

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