1958 Present: Gunasekara, J., and Pulle, J. "

U. RASHEEDA, Appellant, and USOOF DHEEN, Respondent

S. C. 1/1957 Quazi Appeal

    Muslim law-Fasah divorce-False allegations of adultery-Inference of cruelty.

Under Muslim law a husband who habitually makes false allegations of adultery against his wife is guilty of cruelty. Such cruelty is a valid ground for a Fasah divorce.

APPEAL from n order of the Board of Quazis.

D. S. Jayawickreme, Q.C., with A. M. Ameen, for the applicant- - appellant.
Respondent in person.

Cur. adv. vult.

September 29,1958. PULLE, J.-

The appellant in this case, Ummu Rasheeda, instituted an action in the Quazi Court of Kurunegala praying for a dissolution of her marriage with one O. V. Mohamed Usoof Dheen, who is the respondent to the appeal. On 7th January, 1956, the Special Quazi appointed to hear the action granted her a Fasah divorce on the ground that" by habitually making false allegations of adultery against the appellant, the respondent was guilty of cruelty. The respondent appealed to the 'Board of Quazis under section 60 (1) of the Muslim Marriage and Divorce Act, No. 13 of 1951, who by their judgment o