cover image: The Calcutta Weekly Notes  February 9  1948

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The Calcutta Weekly Notes February 9 1948

1948

We have reen that there is a conflict of the personal laws of the parties and the question was as to the choice of the law to be applied. [...] In the case under discussion it was cotended on behalf of the wife that the Mohamedan law should be applied on three grounds; firstly that the law of the parties at the date of the suit should prevail secondly that the wife was no longer a 66ilvi THE CALCUTTA WBBtEY NOM. [...] On the other hand if the Court was required to choose between the two it could invoke its power to act according to justice and right in the absence of express provision ; the rule that where the personal laws of the parties are conflicting the law of the defendant should prevail was surely intended to be a rule of justice and right and although not applying in terms to marriages could very we [...] Justice Chakravartti has held that the rule cannot be applied as a rule of justice and right on the broad ground that there are two parties to a marriage and to tell the husband that lie canot retain his wife unless he forsakes his religion would be to subject him to outragous treatment and that the consequence of applying the rule would be that even if the husband and the wife be willing to [...] But in ninety-nine cases out of a hundred the real cause of coming to Court and invoke the Mohammedan law is the want of remedy under the Hindu law in cicumstances where the wife entirely dserves to be freed from the shackles if matrimony.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes February 9 1948
xliii-xlvi unknown view

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