Mohamed Muzniy vs Fathima Rizna – sllr 2019 volume 1 page 312

The case between Mohamed Muzniy and Fathima Rizna addressed whether the Board of Quazis possesses the discretion under Section 63(a) of the Muslim Marriage and Divorce Act, No.13 of 1951, to entertain an appeal filed out of time, especially when procedural delays by the Quazi affected the appellant’s ability to comply with prescribed deadlines. It was held that the Board should exercise its discretion to admit belated appeals where practical impossibility prevented timely filing, reaffirming the principle that “lex non cogit ad impossibilia” (the law does not compel the impossible) is applicable. This decision emphasized that statutory filing periods should not preclude substantive consideration of appeals where procedural irregularities causally prevent compliance, providing clarity on th