Noorul Naleefa V. Marikar Hadjiar

1947 Present: Canekeratne and Dias JJ.

NOORUL NALEEFA, Appellant, and MARIKAR HADJIAR,
Respondent.

S. C. 170-D. C. Kalutara, 26,076.

Divorce-Action by Muslim wife-Fasah Divorce-Dissolution on ground of leprosy-Jurisdiction of District Court-Grounds of divorce-Powers of Kathi Court-Chapter 99, Legislative Enastments.

The provisions of Chapter 99 of the Legislative Enactments do not preclude a Muslim wife from bringing an action in the District Court for a dissolution of marriage on the ground of leprosy of the husband.

The principle of the Muslim law that leprosy is a ground of repudiating the contract of marriage is still part of the law of Ceylon.

Per DIAS J. : The combined effect of sections 50 and 51 (2) of the Muslim Marriage and Divorce Ordinance (Cap. 99) is to revest in the District Courts the jurisdiction to try actions for divorce which are instituted by Muslim wives against their husbands and which do not fall within the ambit of the definition of " Fasah Divorcee " in section 51 (1). In such an action no decree nisi can be pronounced, no order for alimony or the custody of the children can be made, and it is do

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