006-NLR-NLR-V-72-A.-L.-M.-THAHIR-Petitioner-and-A.-M.-SHAFI-and-another-Respondnets.pdf
SIRIMAXE, J.—Thahir v. Shafi
19
Present : Slrimane, J., and Pandita-Gunawardene, J.
L. M. THAHIR. Petitioner, and A.-M. SHAFI and anothor,
Respondents
*8. C. 403J6S—Application for a Mandate iiPth'e nature oJ a Writ
of Certiorari and/or Mandamus on A. M. Shafi (Quazi),
Quazi Court, Ratnapura, and another
Muslim Marriage and Divorce Act {Cap. 115)—Section 64 {1)—Enforcement order—Duty of Quazi to issue notice to the respo7idctit.
Before an enforcement order under Section G4 (1) of the Muslim Marriage andDivorce Act is issued a Quazi should issue notice to the respondent and inquireinto any objections which ho may raise.
Application for a writ of certiorari and/or mandamus.
M.•$'. M. Nazeeni, for tho petitioner.
December 7, 1968. Sirimane, J.—
The first respondent (a Quazi) has issued an enforcement order to theMagistrate of Avissawolla on 3.8.68, to recover a sum of Rs. 1,050 fromthe petitioner, ns arrears of maintenance duo to his daughter at Rs. 12*50per month from 3.C.C1 to 7.6.68. No inquiry had been held by thefirst respondent, and no notice given to the petitioner, before the orderwas made.
There is some prima facie evidence, which indicates that the sum ofRs. 1,050 is incorrect. In July 1968, tho second respondent had movedfor enhancement of maintenance for her daughter and tho amount wasenhanced from Rs. 12*50 to Rs. 25. There was no complaint by hefthat there wore any arrears of maintenance from 1961 onwards. Beforean enforcement ordor under Section 64 (1) of the Muslim Marriage andDivorce Act issues a Quazi should notice the respondent and inquire intoany objections ho may raise.
20
SIVA SUPRAMANIAM, J.—Abdul LaliJJ v.
Seycd Mohamcd
Tho ordor of 3.8.6S is quashed and tho first rospondont is diroctod tohold an inquiry after notico to tho petitioner, beforo an onforuumentordor is issued.
Pandita-G una wabdene, J.—I agree.
Sent back for further proceedings.