Sule Amma V. Mohammado Lebbe Padily

Present: Mr. Justice Wendt and Mr. Justice Middleton

SULE AMMA v. MOHAMMADO LEBBE PADILY.
P. C, Kandy, 7,128.

Mohammedan Law-Divorce-" Tollok "-" Letters of Divorce " Mohammedan Code of 1806, ss. 87, 88, 89.

    Held, that the expressions " tollok " and " letters of divorce " used in section 87 of the Mohammedan Code of 1806 are not synonymous, but that the latter is merely explanatory of the former.

    Held, also, that " the tollok " may be given orally. Kadjah Umma v. Mohamado Matwlana (1) approved.

    Where a Mohammedan wishing to divorce his wife pronounced the tollok three times in his wife's absence and afterwards informed the priest by writing that he had divorced his wife, and the priest communicated that fact to the wife,

    Held, that there was a valid divorce.

    THIS was an application under section 3 of Ordinance No 19 of 1889 for maintenance by a Mohammedan woman for herself and her child against the defendant, who, she alleged, was her lawful husband. The defendant pleaded that he had divorced the applicant according to the Mohammedan Law. The defendant in his evidence stated that he pronounced the tollok three times one after the other in the presence of certain witnesses, but not in the presence of his wife, and that on that very day he wrote the following letter to the priest:

" 22?12?1903.

    " I seek protection from the almighty-God, to save me from all disturbance and evil acts of Satan, who was sent away from Paradise.

    " I commence to write this document in the name of the most merciful, helping, almighty, and living God, and I expect the help and salvation from the Saviour and our Prophet and our Lord Mohammed.

    " All the praises are due to the only one living God.

    " Now I, the poor Seyado Mohamado, son of Ismail Lebbe, write this instrument of divorcement for the information, giving my best salam (compliment) and greetings to the officiating priests of Akku-rana Mosque, and to the high priests and headmen and the other Muselmen, and state that my wife Zuliha Umma, the daughter of Wappoo Marikar Rasie Lebbe Marikar, is not submissive to me, disobey me, and act contrary to my order and words, and her temper and

Foot Notes:

(1) (1902) 3 Browne 9.

character are not agreeable to me. I therefore repeated the three ' thalaks ' (the first, second, and third divorcements), and the magar ' money payable by me to her I do hereby give over unto her all the articles which are now in her possession and the goods and chattels which are lying in the house, and I do now separate from my wife and my marriage contract according to our religious books.

    " Given on the 2nd day of the month of Sawwal in the year Hijjara 1321.

" SEYADO MOHAMADO "

(son of Ismail Lebbe of Ceylon).

 " Witnesses:-

(1) Mohamado Lebbe Alim Saibo.

(2) Moona Habeebo Lebbe.

(3) Seyyado Lebbe."

    " This true copy of the divorcement has been issued by me, Noor Mohamado Lebbe Alim Saibo, the officiating priest of Akkurana Mosque to Seyado Mohamado Lebbe Alim Saibo, affixing a stamp to the value of 50 cents and set my hand thereon and granted on the 25th day of September, 1906."

[Signature illegible.]

    The Police Magistrate (T. B. Russell. Esq.) held that there was a valid divorce according to Mohammedan Law.

    The complainant appealed.

    Allan Drieberg, for complainant, appellant.

    Bawa (H. Jayewardene with him), for defendant, respondent.

Cur. adv. vult.

     11th February, 1907. WENDT J.-

    The question reserved for our consideration by my brother Grenier is whether the defendant had Validly divorced his wife, the complainant, who now seeks maintenance, and that question is narrowed down to this: Does the law require, as an essential to a Mohammedan divorce, that the husband shall give to his wife written letters of divorce? It is not contested that if no writing was necessary there had been a valid divorce.

    The original

Click Here to Read the rest of this document