SITHY RAHEEM v. HAFEEL
1957 Present :
Basnayake, C.J., and Pulle, J.
SITHY RAHEEM, Appellant, and HAFEEL, Respondent
S. C. 414-D. G. Galle, X. 1,596
Muslim Marriage and Divorce Act, No. 13 of 1951-Action for recovery of
mahr-Jurisdiction of District Court to hear it-Sections 47, 48, 100 (2)
(d)-Retrospective effect.
An action brought in the District Court by a Muslim woman against her husband
for the recovery of mahr can be proceeded with after the date on which the
Muslim Marriage and Divorce Act No. 13 of 1951 came into operation if it was
instituted before the Act came into operation. Such an action does not fall
within the ambit of section 100 (2) (d) of the Act.
APPEAL
from an order of the District Court,
Galle.
S. Nadesan, Q.C., with M. Rafeek, for Plaintiff-Appellant.
H. V. Perera, Q.C., with M. L. S. Jayasekera, for Defendant-Respondent.
April 11, 1957. BASNAYAKE,
C.J.-
This is an appeal from an order of the learned District Judge dismissing, on a
preliminary issue of law, the action instituted by the plaintiff, a Muslim
woman, against her husband claiming the value of 100 Kalangies of gold which he
had agreed to pay her as Mahr at the time "
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