SYED SHAMSUDDIN Vs. MUNIRA BEGUM

JUDGEMENT

(1.) This revision petition raises the question of the effect of the repeal by a repealing enactment. The question has arisen in the following circumstances.

(2.) The respondent herein instituted a suit in the Court of the III Assistant Judge, City Civil Court, Hyderabad for dissolution of her marriage with the petitioner on the ground of illtreatment. While denying the averments made by the respondent, the petitioner pleaded that the Court had no jurisdiction to try the suit. The question of jurisdiction was taken up as a preliminary issue. The learned trial Judge negatived the petitioner's contention and directed the parties to proceed with the trial of the other issues raised in the suit. Against the finding on the preliminary issue, the petitioner has filed this revision petition.

(3.) For a better appreciation of the question arising for determination, it is necessary to give the history of the material legislative provision. Under Section 5 of the Shariat Act, 1937, it was provided that "The District Judge may, on petition made by a Muslim Married woman, dissolve a marriage on any ground recognised by Muslim Personal Law." That Section was repealed by Section 6 of Dissolution of Muslim Marriages Act, 1939. Section 6 reads as follows:-