The applicant, who was married to the respondent under Islamic law and later issued with a Talaaq, sought the court’s intervention under Rule 43, despite the respondent’s contention that the marriage had already been dissolved. The primary legal issue was whether the court had jurisdiction to entertain a Rule 43 application in circumstances where the marriage was allegedly terminated before the divorce proceedings commenced. The court granted the order under Rule 43, in favour of the applicant.
