FARSANA

Vs.

MADANY

COURT OF APPEAL
NAWAZ, J.
CA/LA/02/2010
QUAZI COURT AVISSAWELLA247/T AND 248/T

Muslim Marriage and Divorce Act, sections 43, 44(2), 62(1)-Quazi Pronouncement of the Talaq-Board of Quazis-Per incuriam order Inherent powers to correct such order-Ex debito justitiae-Civil Procedure Code, section 839

The respondent instituted Talaq proceedings (247/T) against the appellant before the Quazi of Avissawella but this was later withdrawn as the parties agreed to live together. As the reconciliation did not take place, the respondent again filed fresh Talaq proceedings (248/T) before the same Quazi and the Quazi permitted the respondent to pronounce Talaq. The appellant filed a revision application before the Board of Quazis in respect of the order made in case No. 247/T and the Board of Quazis ordered fresh proceedings to be commenced before the Quazi of Ratnapura. Although there was no appeal against the order made in case No. 248/T, the Board of Quazis ex mero motu made the same order in respect of case No. 248/T. The respondent filed a revision application seeking to set aside the order made in case No. 248/T on the basis that it was an

or