Section 4
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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.
|
Sheikh Ibrahim vs Nazma Begum |
44 DLR (AD) 276 |
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.
|
Khandaker Abdul Hannan vs Sayara Begum |
56 DLR (AD) 141 |
Section 6
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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.
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Md. Elias Vs Jesmin Sultana, |
19 BLD (AD) 122 |
Section 6
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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.
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Md. Serajul Islam Vs Most. Helana Begum and others, |
19 BLD (AD) 150 |
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
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Md. Serajul Islam Vs. Most. Helena Begurn & Ors |
7 BLT (AD) 137 |
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
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Md. Rabia Shaikh Vs. Md. Abdus Shobahan and Ors. |
13 BLT (AD) 164 |
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
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Md. Ataul Hoque Vs. Anwar A. Karim |
8 BLT (AD) 30 |
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.
|
Md. Serajul Islam Vs Most. Helana Begum and others, |
19 BLD (AD) 150 |
Section 10
|
Family Court Ordinance, 1985
Section 5 and
Section 10 of the Muslim Family Law Ordinance, 1961:
In this regard, we have examined the provisions of the Family Court
Ordinance, 1985. It appears from the relevant provisions of the said
Ordinance that the same is a special law by which a special Court, namely
Family Court, has been established and that the provisions of the said law
have been given overriding effect over any other law found to be
inconsistent. As per Section 5 of the said Ordinance, the jurisdiction of
the Family Court has been conferred relating to or arising out of all or
any of the following matters, namely (a) dissolution of marriage (b)
restitution of conjugal rights (c) dower (d) maintenance (e) guardianship
and custody of children. Therefore, it appears that a wife is entitled to
file a suit claiming a decree of dower before the Family Court established
under the Family Court Ordinance, 1985. The term ‘dower’ has not been
defined either by the Muslim Family Law Ordinance, 1961 or by the Family
Court Ordinance, 1985. However, Section 10 of the Muslim Family Law
Ordinance, 1961 provides that where no details about mode of payment of
dower are specified in the nikahnama for the marriage contract, the entire
amount of dower shall be presumed to be payable on demand. …Sadrul Huq
being dead his heirs & ors. Vs. Farhana Firdousi & anr, (Civil), 16 SCOB
[2022] HCD 62
Form of dower and who may undertake to pay the dower in Islamic law:
From the above opinion of the said islamic scholars, it appears that the
landed property, being a valid property under Islam, may take the form of
dower under Islamic principles, and anyone, including the father of the
husband, may undertake to pay or transfer such dower. Therefore, it appears
that the landed property in question was rightly taken to be a form of
portion of dower to be transferred in favour of the plaintiff and that the
father of the husband, namely defendant No.1, was allowed under the Islamic
law to undertake or to transfer the said land in lieu of certain portion of
the said dower money in favour of his daughter-in- law. …Sadrul Huq being
dead his heirs & ors. Vs. Farhana Firdousi & anr, (Civil), 16 SCOB [2022]
HCD 62
....View Full Judgment
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Sadrul Huq being dead his heirs & ors. Vs. Farhana Firdousi & anr |
16 SCOB [2022] HCD 62 |
Predeceased son or daughter inherit the share–
|
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
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Mohosin(Md) =VS= Mst. Angura Khatun |
5 LM (AD) 100 |