Mohamed Sulthan Mohamed Malik vs Meera Saahib Siththi Baduriva – CA LTA/10/2022-2024

In the case between Mohamed Sulthan Mohamed Malik and Meera Saahib Siththi Baduriva, the court addressed the issue of the jurisdiction of the Quazi of Negombo to pronounce Talaq and register a divorce certificate under the Muslim Marriage and Divorce Act, No. 13 of 1951. It was held that jurisdiction was properly established based on the Respondent’s residence in Negombo at the relevant time. The principle reaffirmed is that the factual determination of residence is pivotal to Quazi jurisdiction under the statute. The decision relied on an evaluation of documentary and testimonial evidence and underscored that when residence is proven within the relevant Quazi domain, the orders relating to Talaq and divorce registration are legally valid and enforceable.

M. T. Mohammed Laffar J. — The p