Present: Jayewardene A.J.

155-C. R. Gampola, 6,257.
 

Muslim law-Wife's right to maggar-Vesting of right-Consummation of marriage-Subsequent adultery-Desertion-Husband's claim for double the value of maggar-Muhammadan code., ss. 80-86.

Under Muslim law when a marriage has been consummated, the wife's right to maggar is confirmed, and is not lost by her subsequent apostasy or adultery.

Sections 80-86 of the Code deal with the subject of divorce by khula, i.e., divorce at the instance of the wife. If in Ceylon a husband grants his wife such a divorce, he would be entitled to demand from her double the value of the maggar. She would, however; have the right to set off against it the maggar due to her. If the husband can prove before a Court of competent jurisdiction that his wife persists in her refusal to be reconciled to him, he can claim to have restored to him double the value of the maggar without proving that all the requirements of sections 80-84 have been complied with. A divorce must precede or accompany the liability to restore double the value of the maggar under section 86.

APPEAL from a judgment of the Commissioner of Requests, Gam