| Case ID |
158442bf-cb22-4d52-bc14-434f5cfe9a4d |
| Body |
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| Case Number |
Shariat Appeal No.6 of 1996 |
| Decision Date |
Apr 05, 1997 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the judgment and decree of the Family Court dated 31-12-1995 were set aside. It was declared that the appellant had repudiated the marriage performed during her age of minority. The suit of the appellant for dissolution of marriage on the grounds of the right to exercise puberty was decreed. The suit filed by the respondent for restitution of conjugal rights was dismissed. The court acknowledged that the marriage had not been consummated and that the appellant had the right to repudiate the marriage before reaching the age of eighteen, especially since the marriage was arranged by her father under coercive conditions. The circumstances supported the appellant's claim of repudiation. |
| Summary |
The case revolves around the dissolution of a marriage under the Dissolution of Muslim Marriages Act, 1939. The appellant, Mst. Sadha Begum, challenged the Family Court's ruling that dismissed her suit for dissolution of marriage based on her right to exercise Khiar-ul-Balugh after discovering her marriage at a young age. The court emphasized that a minor girl has the right to repudiate a marriage arranged by her guardian before reaching the age of eighteen, particularly when the marriage has not been consummated. The case highlights the rights of women under Muslim law regarding marriage and the importance of consent, especially in cases involving minors. The ruling reinforces the legal framework that protects women from coerced marriages, which is a trending concern in contemporary legal discussions regarding family law and women's rights. The decision aligns with previous case law that supports a woman's right to repudiate a marriage based on her established conduct and lack of consummation. |
| Court |
Shariat Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD REAZ AKHTER CHOUDHRY, J
|
| Lawyers |
M.Tabasam Aftab Alvi,
Gul Majid Khan
|
| Petitioners |
Mst. SADHA BEGUM
|
| Respondents |
2 others,
PERVAIZ AHMED KHAN
|
| Citations |
1997 SLD 878 = 1997 CLC 1925
|
| Other Citations |
PLD 1969 Lah. 448,
PLD 1981 Lah 68
|
| Laws Involved |
Dissolution of Muslim Marriages Act, 1939
|
| Sections |
2(vii)
|