BACHEL BENJAMIN Vs. BENJAMIN SOLOMON BENJAMIN

JUDGEMENT

(1.) This is a suit between a husband and a wife of the Jewish persuasion. The wife, who is the plaintiff, seeks for relief against the defendant, the husband, on the ground of cruelty and adultery. The facts which are admitted are as follows:

(2.) There are various matters of fact in dispute. These I shall deal with later. The plaintiff s case, put shortly, is that her husband cruelly ill-treated her, drove out of the house, and contracted a second marriage which is invalid under the law by which the parties are governed. She contends (1) that the decision of the Rabbis has dissolved the marriage, (2) that if that is not so then defendant should be compelled to give her a bill of divorcement, or alternatively that the. Court should decree dissolution of the marriage. She claims various reliefs on the dissolution of the marriage of which the principal one is that defendant should be ordered to pay to her the sum of Rs. 25,555 specified in the Kethuba executed at the time of the marriage. The main defences are a denial of the allegation of ill-treatment and an assertion that the second marriage is valid ; the plaintiff is not, therefore, entitled to a divorce in pais; the Court has no jurisdiction to entertain a suit of this nature between parties professing the faith.

(3.) It will be convenient to set out the issues which have been raised: