Riziniya v. Naushad – sllr 2002 volume 2 page 343

In Rizniya v. Naushad, the court considered whether an order of the Board of Quazi, made under its revisionary jurisdiction pursuant to the Muslim Marriages and Divorce Act (sections 43 and 44), was appealable. The proceedings arose when the appellant, dissatisfied with a pronouncement of Talak and the Board’s subsequent dismissal of the application to vacate that order, sought leave to appeal. A preliminary objection was taken that such an order, made in revision under section 44(3), could not be appealed. It was ultimately held that the impugned order is appealable upon obtaining leave, reaffirming the interpretive principle that orders of the Board of Quazi under revision, when defined by section 44(3), possess the character of appealable orders. The decision relied on careful statutory