Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Dissolution of Muslim Marriages Act (VIII of 1939)

Section: 2 (vii)

 Civil Procedure Code (V of 1908), S. 100-Second appeal Finding of fact-Lower appellate Court failing to apply its mind to material piece of evidence-Oversight or mis-statement of evidence Question whether conclusion arrived at, in circumstance, correct Mixed question of law and fact-High Court competent to examine soundness of conclusion-Lower appellate Court completely ignoring statement of appellant on question of her age while drawing inferences from conjectural statement of appellant regarding age of her elder sister-Finding, held, vitiated-Dissolution of Muslim Marriages Act (VIII of 1939), S. 2 (vii).    JUDGMENT   This is a second appeal by Mst. Sarwari Begum whose suit, for a declaration that no marriage between her and the respondent Jabbar alias Lolia had taken place and in the alternative that the alleged marriage, if proved, had been repudiated by her in exercise of her option of puberty, was decreed by .the first Court but dismissed in appeal by the learned Additional District Judge, Multan.   The parties went on trial on the following issues:-   Whether this Court has jurisdiction to try the suit 7   Whether any valid Nikah between the parties took place and if so, when? .   What was the plaintiff's age at the time of the Nikah?   How old was the plaintiff at the time of the suit?   Whether the plaintiff repudiated the m4rriage and if so, when?   Whether the marriage between the parties was consum mated ?   Relief?   The learned Additional District Judge has differed from the trial Court on issue No. 4 agreeing with it on all the remaining issues which were found in the plaintiff's favour. The difference on issue No. 4 arose on the point of age of the appellant at the time when the marriage was repudiated by her. The first Court held that she was below eighteen, while the appellate Court found that she was above that age. The point was considered under section 2 (vii) of the Dissolution of Muslim Marriages Act, 1939, which allows a ground for dissolution of marriage of a woman married under the Muslim Law, who was given in marriage by her father or any other guardian before…