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Apostate Who Renigs May Leave Christian Wife, Court in India Rules

June 4, 1923
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In the Judicial Commission’s Court at Karachi, Justice Kennedy and Madgaokar, forming a High Court Bench, discharged an injunction involving an interesting question relating to Jewish and Christian marriage laws.

Abraham Benjamin, the appellant, had been converted to Christianity in early youth and married Lakshmi an Indian Christian. Two years ago Benjamin reverteu to Judaism and married a Jewish woman and his religion did not recognize a Christian wife. Lakshmi filed a suit for declaration that her marriage held good. Mr. Raymond, Additional Judicial Commissioner, allowed a temporary injunction which the Judge, Mr. C. A. H. Aston, later on confirmed.

Counsel for Benjamin argued that the rights of the Christian wife after the appellant had reverted to Judaism comprised merely the power to apply for a dissolution of marriage, and the issue of an injunction was contemplated only in cases where there was a breach of an obligation. In the present case no such breach was involved.

The High Court, agreeing with counsel held that there was no authority to issue an injunction in the circumstances of the case and set aside the former orders.

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