Ahamed Mubarak Ali Mohamed Azran vs Fathima Nusrath Fareez – CA LTA/0016/2024-2025

In the case between Ahamed Mubarak Ali Mohamed Azran (husband) and Fathima Nusrath Fareez (wife), the court addressed the issue of whether the Quazi of Colombo South was required to strictly comply with the procedural requirements of the Third Schedule of the Muslim Marriage and Divorce Act 1951, specifically regarding the appointment of three Muslim assessors in Section 28(1) divorce proceedings. It was held that strict adherence to the Third Schedule is mandatory when material allegations are disputed, reaffirming the principle that prescribed statutory procedures cannot be relaxed in contested cases. The decision was grounded in the analysis of relevant statutes and judicial precedents, establishing that the failure to challenge allegations does not justify procedural deviation in dispu