ISLAMIC LAW RESEARCH CENTRE AND LEGAL AID BANGLADESH VS EVA SUNDANDRA CHOWDHURY [54 DLR AD 2012]

 

Analysis of the fact:

High Court Division in confirming the decree of dissolution of marriage in a suit forwarded by the District Court as per the provision of section 17 of Divorce Act made recommendation for the enactment of Unified Marriage and Divorce Act for all citizens.

Argument from the appellant:

It was argued that the recommendation for the enactment of unified marriage and divorce act for all the citizens by the parliament keeping pace with modern time was without jurisdiction and violative of the provision of  the  Article 41 of our Constitution because there is a clear provision of law relating to marriage and divorce in the Holy Quran and in the Hadith which is binding upon the Muslims and there is no scope to add, alter and modify any provision relating to Muslim Marriage and Divorce.

Argument from the Respondent:  

It is not mentioned in the report DLR.

Issue: 

Whether the impugned recommendation is made correctly or not under the court’s jurisdiction? Decision: 

In the judgment it was decided that High Court Division have travelled beyond the scope of the Divorce Suit in making the recommendation to enact for Unified Marriage and Divorce Act  for all the citizens which is unconnected with the subject matter of the suit.

Reasoning behind the decision:

High Court Division has embarked on a matter which is totally unconnected with the subject matter of the present suit.

Principle:

It is no way desirable for the Higher Court whose decision is binding upon the courts subordinate to it , to embark on a matter which is totally unconnected with the subject matter.

Importance of the case:

In this case the Appellate Division has alarmed the High Court Division as well as the entire judiciary impliedly not to give any recommendation regarding any matter placed before it which does not have any relation to the original suit matter. Through the judgment of this case the reliability of the people upon the decision of the court is increased to a large extent.