cover image: The Calcutta Weekly Notes  February 2  1948

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The Calcutta Weekly Notes February 2 1948

1948

Speaking from the point of view of constitutional principle we would like however to point out that changes in the composition of a popular ministry answerable to the legislature and through it to the people should be accouned for in public discussion of the points at issue. [...] In Dal-of-Hurb where the writ of the Kazi does not run the lapse of three terms of the wiie's courses "must stand in the place of separation effected by the Magistrate as " the condition of separation." So that in one case it is the rejection of the offer of Islam and in the other the lapse of three months which is the foundation of the claim for separation. [...] And the Mahommedan lawyers have been careful enough to ground the dissolution of marrage not on the conversion but on the refusal of the other party to embrace Islam. [...] But of course if Mahomedan law is not applicable by its own force and the Court is called upon to apply the law as a rule of justice and right Pnd if the Court is willing to make an excetion in favour of genuine spiritual fervour the Court may be justified in considering the queslion of bond fides as an element and in accepting the law only so far as bond fide conversion is concerned. [...] So far as the Hindu Law on the point is concerned it was easy to decide the matter on the law as it is now administered as there are decided cases holding that a Hindu marriage is not dissolved on the conversion of one of the spouses to Islam.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes February 2 1948
xxxix-xlii unknown view

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