Law: Dissolution of Muslim Marriages Act, 1939

Section: 2(vii),2

(a) Muhammadan Law------ ------Marriage-Capacity to enter into contract of marriage-Marriage by a girl before puberty-Void. Held, that a marriage entered into by a girl while she had not attained puberty was no marriage at all in the eye of law, and was,: therefore, void. Munshi v. Mst. Alam Bibi A I R 1932 Lah. 280 and Joygun Nessa Bibi v. Muhammad Ali A I R 1938 Cal. 71, distinguished. Behram Khan v. Mst. Akhtar Begum P L D 1952 Lah. 548, ref. Mulla's Principles of Muhammadan Law, 13th Edition, paras. 251, 270, ref. Syed Amir Ali's Muhammadan Law, 5th Edition, Second Vol, pp. 235, 273, 297 ref, (b) Dissolution of Muslim Marriages Act (VIII of 1939)---- ---S. 2, (vii)-Consummation before puberty-Whether destroys option". The proviso to section 2 of the Dissolution of Muslim Marriages Act (VIII of 1939) relates to the period between the fifteenth and eighteenth year. The expression "consumma­tion of marriage" means consummation with the free will and consent of the parties, but if the girl has not attained the age of fifteen years her consent to the consummation of marriage will not amount to consent in the eye of law. Consummation that took place before the girl bad attained puberty does not destroy her right of option of puberty. Mst. Ghulam Sakina v. Falak Sher P L D 1949 Lah. 75 and Behram Khan v. Mst. Akhtar Begum P L D 1952 Lah. 548 rel. JUDGMENT A. R. CHANGEZ, J.-----This second appeal has arisen out of a suit brought by Mst. Kammon Mai on the 30th of August 1954, for a declaration that she was not the lawfully wedded wife of the defendant or in the alternative for the dissolution of her marriage. In her plaint she alleged that in December 1953, she was abducted by the defendant and was confined here and there for a few months and during this period was subjected to sexual intercourse. She also alleged that her thumb-impressions were obtained on certain documents. She denied that any marriage took place at all, and in the alternative alleged that even if any marriage did take place she had not attained puberty at the time of such a marriage and, after attaining puberty, she, in the exercise of her right of option of puberty, had repudiated the marriage.…

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