| Case ID |
0fe23ce6-d27b-42e9-a265-ef0fdff393b1 |
| Body |
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| Case Number |
Regular Second Appeal No. 232 of 1950 |
| Decision Date |
May 11, 1951 |
| Hearing Date |
|
| Decision |
The appeals filed by Behram Khan were dismissed. The court upheld the decision of the District Judge which granted Mst. Akhtar Begum a decree for the dissolution of her marriage. The court found that the marriage was contracted without the girl's consent as she was a minor at the time of the nikah, performed by her stepbrother acting as her guardian. The court confirmed that the marriage could be repudiated upon her attaining puberty, which was deemed not to have occurred before the age of 15. The court ruled that any consummation that took place before the attainment of puberty did not extinguish her right to repudiate the marriage. |
| Summary |
This case revolves around the dissolution of a marriage under the Dissolution of Muslim Marriages Act, 1939. The key issue was whether Mst. Akhtar Begum could repudiate her marriage to Behram Khan, which was arranged without her consent when she was a minor. The court examined the conditions surrounding her marriage, including her age and the role of her stepbrother as her guardian. It was concluded that since the marriage was consummated before she reached puberty, she retained the right to repudiate it upon reaching maturity. The court's decision emphasized the legal protections afforded to minors in marriage contracts under Muslim law, solidifying the principle that consent is paramount. This case serves as a significant reference point for similar cases involving the rights of minors in marriage agreements and the implications of guardianship. Keywords such as 'Dissolution of Muslim Marriages', 'minor consent in marriage', and 'puberty in Muslim law' are crucial for understanding the legal framework surrounding such cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAHMAN, J
|
| Lawyers |
Sh. Muhammad Shafi for Appellant,
Muhammad Shafi for Respondent
|
| Petitioners |
Behram Khan
|
| Respondents |
Mst. AKHTAR BEGUM
|
| Citations |
1952 SLD 23,
1952 PLD 548
|
| Other Citations |
Mst. Ghulam Sakina v. Falak Sher P L D 1949 Lah. 75,
Abdur Rahman v. Aminabai I L R (1935) 59 Bom. 426,
Joygan Nessa Bibi v. Muhammad Ali A I R 1938 Cal. 71,
Munshi v. Mst. Alam Bibi (1931) 133 I C 126
|
| Laws Involved |
Dissolution of Muslim Marriages Act, 1939
|
| Sections |
2(vii)
|