AIR 1945 LAHORE 51

Lahore High Court

Hon'ble Judge(s): Harries , C.J. AND Abdur Rahman , J

(A) Dissolution of Muslim Marriages Act (8 of 1939) , S.2(9)— Position of Courts in India as regards Muslim Law - Court can grant divorce under Act on ground on which it could be granted under Muslim Law. For purposes of Mahomedan law the position occupied by subordinate Judges, District Judges and High Courts in British India is in many respects at least, akin to that of a Qazi. Particularly so under the Act under which Courts are entitled to effect a divorce on the ground on which it should be granted under Muslim Law. Case law relied on.(Para 52C2) The words 'Muslim Law' in S. 2(9) were employed by Legislature to convey that divorce could be granted by the Courts for reasons for which it could have been granted under the shariat regardless of the fact whether that reason had been recognized by the British Indian Courts or not.(Para 52C2) (B) Muslim Law , — Divorce - Khula, Moharaat and ordinary talaq - Distinction - Qazi or Court cannot effect khula divorce. Khoola means to put off, as a man is said to khoola his garment when he puts it off. It also means to demit or depress generally. In law it signifies an agreement entered into for the purpose of dissolving a connubial connexion in lieu of a....