IRSHATH

Vs.

ASMIYA

COURT OF APPEAL
SAMAYAWARDHENA,J.
CAJLA/03/2018
BQ/A/60/15/KAL QC/ADDALAICHENAl/8543/FASAH

Muslim Marriage and Divorce Act, section 28(1), Rule 7 and 11 of the Third Schedule-Fasah divorce-Compliance with the Rules salutary but not mandatory-Impossibility of reconciliation-Irretrievable breakdown of marriage

The parties married under the Muslim Marriage and Divorce Act. The respondent wife made an application against the appellant husband before the Quazi seeking a Fasah divorce under section 28(1) of the said Act inter alia on the grounds of failure to fulfil conjugal obligations, harassment, ill-treatment etc. as "faults". The Fasah divorce granted by the Quazi in favour of the respondent was affirmed by the Board of Quazis. The appellant appealed to the Court of Appeal on two grounds: (a) according to Rule 7 of the Third Schedule to the Muslim Marriage and Divorce Act although three Muslim assessors shall be empanelled by the Quazi to assist him in the hearing of the application, the Quazi empanelled only two; and (b) notwithstanding that according to Rule 11 the evidence of at least two witnesses shall be led by the wife, no evide