(PC) Civ. App. 1-D-66; 23/5/67;
Saidi
J.
Plaintiff brought this action against
his father –in-law in connection with his marriage to defendant’s daughter.
Plaintiff had obtained a divorce in 1964
but sometime later recalled his wife. She refused to return. The trial court
ordered defendant to order his daughter to return to plaintiff. Plaintiff had
previously brought three other actions in connection with these same matters.
HELD:
(1) Under Islamic Law, the recall had to be made within three months.
(2) The
evidence presented at this trial and three previous trials fails to support
plaintiff’s claim that he recalled his former wife within three months of the
divorce. Defendant’s appeal was allowed.
The
Court stated, obiter: “I do not think that it is a good policy for a court of
law to order either spouse to return to the other against his or her will.”
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