MOHAMMED LAFFAR, J.

The respondent-appellant-petitioner (hereinafter referred to as the "Petitioner”) is seeking leave to appeal from the order of the Board of Quazi dated on 06/01/2024. We heard the learned Counsel for the petitioner in support of this application. We heard the learned President's Counsel for the applicant- respondent-respondent (hereinafter referred to as the "Respondent") as well.

The petitioner married the respondent in 2014, under the Muslim Marriage and Divorce Act no 13 of 1951. There is a son born out of this marriage on 15/03/2016. In January 2019, the respondent made an application for a Fasah divorce before the Quazi Court of Colombo South, seeking a divorce from the petitioner. The petitioner made an application in the District Court of Colombo for the custody of the said child and the said case is pending before the District Court.

The petitioner states that inadvertently it was recorded in the District Court that the parties have divorced. Subsequently, the said erroneous proceedings were rectified. The learned counsel for the petitioner states that the learned Quazi was influenced by the aforesaid inadvertent recording before the District Court. It is b