- Quasi made order calling upon the petitioner to pay Rs. 200,000/- as 'Mathah'
- Four Honourable members of the Board of quazis out of 5, delivered judgment in favour of granting 'Mathah'.
- The legal position as adverted to this court by the learned counsel for the Petitioner (Farook Thahir with N. M. Riyaz) inter alia is as follows:
(a) 'Mathah' or compensation is not recognized or incorporated in the Muslim Marriage and Divorce Act.
(b) 1st Respondent had no authority or jurisdiction to entertain or hear an application on payment of 'Mathah'
(c) Award of Rs. 200,000/- made by the 1st Respondent is liable to be quashed by way of Writ of Certiorari, and such award is illegal.
"What is not specifically incorporated cannot be given or granted by implication or interpretation in the manner argued on behalf of the respondents to this application. If the legislature intended to introduce the concept of 'Mathah' it could have done so very easily over the years . But none of the above statutes thought it fit to include same."
Anil Gooneratne J.
Read below the Full Judgement
