ISLAMIC LAW RESEARCH CENTRE & LEGAL AID BANGLADESH Vs. EVA SUNANDA CHY

JUDGEMENT

(1.) This petition for leave to appeal is by the 3rd party against the judgment and order dated 30th October, 2000 passed by the High Court Division in Divorce Suit No. 1 of 1998. Leave to appeal is sought against certain observation in the aforementioned judgment We recommend that a Unified Marriage and Divorce Act for all the citizens should be enacted by the Parliament keeping in pace with the modem time.

(2.) In our view, instead of granting leave to appeal, petitioners anxiety reflected in the leave petition will be attended better if the leave petition is disposed of in the manner as hereinafter.

(3.) Respondent No. 1 filed Title Suit No. 2 of 1993 in the Court of District Judge under section 10 of the Divorce Act, 1869 seeking dissolution of her marriage with respondent No. 2 on various grounds including adultery. The District Court decreed the suit on 10 February 1998 and thereafter as per provision of section 17 of the Divorce Act forwarded the suit-record to the High Court Division for confirmation of the decree and thereupon Divorce Suit No. 1 of 1998 was registered in the High Court Division. The High Court Division confirmed the decree of dissolution of marriage between the respondent Nos. 1 and 2 that was passed by the District Court in Title Suit No. 2 of 1993.