Document Fragment View
Fragment Information
Showing contexts for: Incest in Zafar Husain vs Ummat-Ur-Rahman on 3 January, 1919Matching Fragments
7. This disposes of. the remaining pleas in appeal. I agree with the lower Appellate Court and would dismiss the appeal.
Banerji, J.
8. I also am of opinion that this appeal should be dismissed and the decree of the Court below affirmed. The main question in the case is whether a Muhammadan wife is entitled to bring a suit for divorce and obtain a decree for dissolution of marriage on the ground that her husband has falsely charged her with adultery. The defendant denies having made such a charge, but both the Courts below have found that he made it and imputed to the wife incest with her own brother and that the imputation was wholly without foundation. We have, therefore, to consider whether in these circumstances the plaintiff is entitled under the Muhammadan Law, which must govern questions of marriage and divorce, to have it declared that her marriage with the defendant has been dissolved. The authorities of Muhammadan Law on the subject have been laid before us and, in my opinion, they clearly establish that she is entitled to such a declaration. The law on the subject is thus stated in Shama Charan Sircar's Muhammadan Law, Tagore Law Lectures for 1873, at page 406: "if a Husband charges his wife with adultery...the charge is investigated by the Kazi, who, upon proof, thereof, issues a decree of separation between the husband and the wife and thus their marriage is dissolved, The separation so effected is an irreversible divorce."