1963 Present : Herat, J.

A. L. M. ISMAIL, Appellant, and A. A. MUTHU MARLIYA, Respondent

S. C. 476/63-M. G. Kalutara, 7728

    Maintenance-Muslim Marriage and Divorce Act (Cap. 115)-Claim for main­tenance under Section 47-Exclusive jurisdiction conferred by Section 48 on Quazi-Invalidity of appointment of Quazi under Section 12 (1)-Constitution Order in Council, s. 55-Lack of jurisdiction of a Magistrate's Court to hear such claims under Maintenance Ordinance (Cap. 91).

A Magistrate's Court has no jurisdiction to hear under the Maintenance Ordinance (Cap. 91) a claim for maintenance Which, by virtue of the provisions of section 48 of the Muslim Marriage and Divorce Act, falls under the exclusive jurisdiction of a validly appointed Quazi. In such a case, the fact that Section 12 (1) of the Muslim Marriage and Divorce Act is ultta vires as being in con­flict with Section 55 of the Constitution Order in Council and, therefore, the persons appointed as Quazis by the Minister were not validly appointed is not material.

APPEAL from a judgment of the Magistrate's Court, Kalutara.

Izadeen Mohamed, with M. T. M. Sivardeen, for the Defend