STATE Vs. SHEIKH MAHOMED ALIM SAHEB

JUDGEMENT

(1.) These are unusual appeals filed by the State from an order of acquittal made by the Additional Sessions Judge of Parur in Sessions Case No. 16/1124. There were for accused persons who were tried in the Sessions Court. They were (1) Accused 2 against whom the charge was that she had married Accused 3 during the subsistence of her valid marriage to PW 1(2) Accused I who is the father of Accused 2(3) Accused 3 who is the second husband of Accused 2 and (4) Accused 4 a third party who was proceeded against on the ground that along with Accused 1 and 3, he had abetted the commission of the offence by Accused 2.

(2.) The learned Public Prosecutor states that it is in the interest of the Muslim population of this State that he was prompted to advise the Government to prefer these appeals. There is a better remedy open to the Government and that is to resort to legislation as has been done outside the State. The Dissolution of Muslim Marriages Act 8 of 1939 which extends to the Courts of what was formerly known as British India and now the Indian Union, is the statute applicable to Muslims outside the Travancore-Cochin State. If the Government desire to regulate marital relationship with special reference to the rights of wives, among the Muslim population of the State, the proper procedure to adopt would be to introduce legislation on these lines.