Abdulla v Karamtul [1957] FJLawRp 3; [1956-1957] 5 FLR 28 (22 February 1957)

[1956-1957] 5 FLR 28

IN THE SUPREME COURT OF FIJI

Appellate Jurisdiction

Criminal Appeal No. 3 of 1957

Between:

ABDULLA, F/N AZIMMULLA
Appellant

AND

KARAMTUL
Respondent

Separation and Maintenance (Summary Jurisdiction) Ordinance (Cap. 17)-order in favour of Moslem wife-whether validly made where parties already divorced according to Moslem precepts.

This was an appeal against a maintenance order made by the Magistrate's Court under the Separation and Maintenance (Summary Jurisdiction) Ordinance, Cap. 17, adjudging the appellant to have deserted his wife and to have wilfully neglected to maintain her. One of the grounds of appeal was that since the parties were Moslems and were married in accordance with their religious customs and beliefs, they could, and had been divorced, in accordance with their religious beliefs, prior to these proceedings: hence the appellant could not be guilty of any matrimonial offence as contemplated by section 3 of the Separation and Maintenance (Summary Jurisdiction) Ordinance (Cap. 17).

Held.-There was nothing in the law of Fiji to support this proposition which could not be accepted.

Appeal dismissed.

K. C. Ramrakha for the appellant.

I. Logan for the respondent.

HAMMETT, J. [22nd February, 1957]-

The relevant paragraph of the judgment reads-

The third ground of appeal is to the effect that since the parties were Moslems and were married in accordance with their religious customs and beliefs, they could and had been divorced in accordance with their religious beliefs prior to these proceedings. No authority for such a proposition was given, and I certainly do not know of any. The laws relating to divorce in Fiji are contained in the Ordinances passed by the Legislature. There is no support given in any of these Ordinances to this proposition propounded by learned counsel for the appellant and I cannot accept it.