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Leading Cases on Buddhist Law

1899

In this view the decree of this Court will be to the effect that the decree of the Court below be set aside and that instead thereof the dfendants (respondents) be ordered to deliver up the whole of the prperty to the first plaintiff and in the alternative pay the value thereof namely Rs. [...] The suit was brought on a bond signed by the husband of the defendant and the Deputy Commissioner in the absence of proof of death of the husband has held the defendant liable on this bond because as he states the transaction for the purposes of which this bond was signed was undertaken in the interests of the husband and wife and their profits and losses were joint. [...] Can our Courts grant a divorce in such a-case when no fault is established in the husband ? After hearing what the Counsel for the respondent had to urge in support of the rulings of the two lower Courts that the case is gverned by the Buddhist law and that the wife is therefore entitled to a divorce we are of opinion upon the facts disclosed that the law to be. [...] The question argued before us was whether a second marriage cotracted by the husband without the consent of the first wife amounts to faulty conduct on the husband's part under the Buddhist law of separation of property on a dissolution of marriage between the husband and the first wife the latter seeking divorce and the husband not wishing it. [...] The writer deals as follows with the rights of the head wife who objects to the introduction of the stranger into the house : " If it be the head wife who wishes to separate in the same way let the "husband have all the property and let her pay all the debts." I would therefore answer the question of the learned Recorder as Follows.
law
Pages
543
Published in
Burma
SARF Document ID
sarf.142377
Segment Pages Author Actions
Frontmatter
i-xi Chan-Toon view
Chapter I. Marriage and Divorce
1-144 unknown view
Adoption
145-173 unknown view
Succession and Inheritance
174-479 unknown view
Gift—Lower Burma
480-504 unknown view
Ancestral Property Lower Burma
505-524 unknown view
Index
525-532 unknown view

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