Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Muslim Family Laws Ordinance, 1961
Section/Order/Article/Rule/Regulation Head Note
Section 4

Succession–The date of death of the daughter of the propositus, whether it was before or after the coming into force of the Ordinance, is immaterial. It is the date of opening of succession which is of material importance. Sheikh Ibrahim vs Nazma Begum44 DLR (AD) 276. ....View Full Judgment

Section 6(5)

The offence under section 6(5) of the Ordinance compoundable, though not the appellant and the respondent having arrived at a compromise, dismissal of the appeal upon reduction of the sentence to the extent of the period already served merits consideration. Khandaker Abdul Hannan vs Sayara Begum 56 DLR (AD) 141. ....View Full Judgment

Section 6

Polygamy
The discussion on polygamy in Islam and recommendation thereon as accorded in the impugned judgment should be taken to be deleted lest it may create confusion in the mind of the subordinate Courts and the people at large.
It was totally unnecessary for the learned Judges to indulge in the discussion on polygamy in Islam which was neither an issue in the suit nor required to be decided in the context of the pleadings of the parties. The exercise undertaken by the learned Judges was not only gratuitous but wholly illegal being not within their jurisdiction under the Code of Civil Procedure. Md. Elias Vs Jesmin Sultana, 19 BLD (AD)122. ....View Full Judgment

Section 6

Payment of dower being obligatory as per Nikahnama the wife is entitled to the same on talaq. Md. Serajul Islam Vs Most. Helana Begum and others, 19 BLD (AD) 150. ....View Full Judgment

Section 7 (1)

Whether pronounced talaq by swearing an Affidavit is a valid talaq in the eye of law as no notice to the Chairman of the Union Council was served
Section 7 (1) of the Ordinance provides for giving of notice of talaq to the Chairman and a copy thereof to the wife and provides for punishment for contravention and this law overrides any other provision of any other law. But there being clear intention to divorce by the Affidavit on the part of the petitioner and the same having been disclosed and produced before the lower appellate court by the petitioner himself. The petitioner cannot take advantage of his own wrong and cannot claim the benefit of non-service of notice by him to the Chairman. He is bound by his admission. Payment of dower being obligatory as per Nikahnama the wife is entitied to the same on talaq. [Para-8] Md. Serajul Islam Vs. Most. Helena Begurn & Ors 7BLT (AD)-137 ....View Full Judgment

Section 7

Legal value of hearsay evidence
The High Court Division held that some respectable persons including Chairman were present at the time of the divorce and the same was taken place with the agreement of both the parties accepting the divorce and that Ismail Shaikh again married one Abiron of village Radhaballav and started to live there until his death and accordingly discharged the rule holding that the plaintiffs son of Ismail Shaikh is not entitled. to get .081/4 acre of land left by Kanchan Bewa due to earlier divorced by Ismail Shaikh. Md. Rabia Shaikh Vs. Md. Abdus Shobahan and Ors. 13 BLT (AD)164 ....View Full Judgment

Section 7(1)

In this case, as the notice of talak was given on 02.03.1989 to the Administrator, Dhaka City Corporation and also to the petitioner talak has on expiry of 90 days from the date of receipt of notice by the Administrator has taken effect as provided in sub-section (3) of Section-7 of the Ordinance. Md. Ataul Hoque Vs. Anwar A. Karim 8 BLT (AD)-30 ....View Full Judgment

Section 7(1)

Section 7(1) of the Ordinance provides for giving of notice of talaq to the Chairman and a copy thereof to the wife and provides for punishment for contravention and this law overrides any other provision of any other law But there being clear intention to divorce by the affidavit on the part of the petitioner and the same having been disclosed and produced before the lower appellate Court by the petitioner himself, the petitioner cannot take advantage of his own wrong and cannot claim the benefit of non-service of notice by him to the Chairman, he is bound by his admission. Md. Serajul Islam Vs Most. Helana Begum and others, 19 BLD (AD) 150. ....View Full Judgment

Changed this position the children of a predeceased son or daughter inherit the share–
According to Muslim Law of inheritance, predeceased son’s or daughter’s children could not inherit any share of the property of their grand father/mother. The Muslim Family Laws Ordinance, 1961 has changed this position. According to Muslim Family Laws Ordinance, 1961 the children of a predeceased son or daughter inherit the share which they (the predeceased son or daughter) would have inherited if alive from the property of their parents. .....Mohosin(Md) =VS= Mst. Angura Khatun, (Civil), 2018 (2) [5 LM (AD) 100] ....View Full Judgment