ENAYETUR RAHMAN Vs. IBRAHIM MULLA

JUDGEMENT

(1.) We are compelled in this case to reverse the decision of the lower appellate Court, because according to the Mahomedan law as laid down in Vol. 1, Hedaya, page 203, the divorce of one acting upon compulsion from threats is effective. We are not at liberty to substitute for the express rules of Mahomedan law, as expounded by the best authorities, that which according to our opinion might be a more enlightened and proper rule of law. The judgment of the lower appellate Court must be reversed with costs. The result is that the plaintiff's suit will be dismissed with costs.