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SITHY RAHEEM v. HAFEEL


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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