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The Recalcitrant Husband

Published online by Cambridge University Press:  12 February 2016

M. D. Gouldman
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Type
Cases
Information
Israel Law Review , Volume 3 , Issue 2 , April 1968 , pp. 315 - 319
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1968

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References

1 Sec. 1 of the Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, 1953,7 L.S.I. 139.

2 Ibid., sec. 2.

3 See art. 56 of the Palestine Order in Council, 3 Laws of Palestine 2569.

4 10 L.S.I. 34.

5 (1955) 9 P.D. 1541.

6 At 1550.

7 At 33.

8 Cf. Schumacher v. Shtarkes (1960) 14 P.D. 780, where the Court held that imprisonment under sec. 6 of the Contempt of Court Ordinance is not intended to punish the person who rebels against the Court's commands; rather is it a means of coercion, the aim of which is to bring about performance of the Court's instructions.

9 At 48.

10 Halsbury, , Laws of England (3rd Ed.) vol. 8, p. 20.Google Scholar

11 p. 48.

12 Lindley, L.J. in Seaward v. Paterson [1897] 1 Ch. 545.Google Scholar

13 At 52.

14 Agranat P., at 52.

15 Silberg J., at 34.

16 It should be noted that acceptance of Mr. Justice Silberg's proposal would solve the problem as regards marriages solemnized in the future but would not bring relief in cases of marriages celebrated before the adoption of the proposed new form of marriage contract.

17 Elman, Peter, An Introduction to Jewish Law (London, 1958).Google Scholar