King V. Miskin Umma Et Al.,

Present: Bertram C. J. and Jayewardene A. J.

THE KING v. MISKIN UMMA et al.

4-D. C. (Grim.) Kegalla, 2,354.

Muslim law-Divorce by wife-Judicial decree-Civil Procedure Cods, Chapter XLII.

Under the Muslim law a wife is only entitled to a divorce if her husband effects the divorce himself, or the divorce is granted by a decree of Court. In Ceylon a District Court is the competent authority for granting such a divorce.

As Chapter XLII. of the Civil Procedure Code floes not apply to Muslims, such an action for divorce must be governed by the general rules of civil procedure.

Per Bertram C.J.-The Code of 1806 is not exhaustive of the Muslim law applicable to Ceylon. It has to be read in the light to the general principles of that jurisprudence

THIS case was reserved by the District Judge of Kegalle for the consideration of the Supreme Court under section 358 of the Criminal Procedure Code upon a question of law arising from a charge under 362 (ft) of the Penal Code. The accused were Muslims, and the first accused, who is the daughter of the second accused, was charged with marrying a second time during the lifetime of her husband,

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