Khadem Ali vs Tajimunnissa and Others

Field, J.—The only point upon which we need make any observation in this case is the contention that a copy of a register kept under the provisions of Bengal Act I of 1876, was not admissible in evidence to prove that the parties had agreed that the wife would, under certain circumstances, have the right to divorce her husband. Section 6 of the Act directs that every Mahomedan Registrar shall keep certain books, and amongst them Book I, which is a register of marriages in the form "A" contained in the schedule annexed to the Act. Now, the 14th Clause of form "A" is: "Special conditions, if any." It is clear, therefore, that the special condition relied upon in this case was a matter which, under the provisions of the Act, it was the duty of the Mahomedan Registrar to enter in the register kept in accordance with the directions of the Act.

This being so, we think that the copy of the entry in the register was legal evidence.

We have heard the learned vakil on the other points raised in the case, and we do not think there is any ground upon which we can interfere.

The appeal is dismissed with costs.