Law: Dissolution of Muslim Marriages Act, 1939

Section: 2(vii),2,2A

(a) Dissolution of Muslim Marriages Act (VIII of 1939), S.2 (vii) - Consummation-plaintiff's refusal to get herself examined by lady doctor-Not to be taken as proof of-consummation should be proved as a fact. The refusal of the plaintiff to have her examined by a lady doctor, could not, therefore, be taken to be a proof of the consummation of marriage which should have been proved as a fact on the consideration of the entire evidence in the case. 36 I C 20 P C relied on. It was desirable that the defendant should have been made to specify to approximately, if not exactly, the time when the parties were said to have lived as husband and wife. (b) Dissolution of Muslim Marriages Act:(VIII of 1939), S. 2 (vii)-repudiation on attainment of puberty-co-habitation before puberty does not end "option"-consummation without consent of woman unavailing-Awareness of marriage also essential. The real significance of "option of puberty" and the manner how is it to be exercised, seems to have been not properly grasped or appreciated. The marriage under Muhammadan Law is in the nature of a contract and, as such, requires the free and unfettered consent of the parties to it. Normally speaking, a man and a woman should conclude the contract between themselves but in the case of minors, i.e., who have not attained the age of puberty as recognised by Muhammadan Law, the contract might be entered into by their respective guardians. Before the Act VIII of 1939 (The Dissolution of Muslim Marriages Act, 1939) a minor girl given in marriage by the father or the father's father had no option to repudiate it on the attainment of her puberty, bait this has now been changed. The contact of the father or the father's father stands on no higher footing than that of any other guardian and the minor could repudiate or ratify the contract made on his or her behalf during the minority, after the attainment of puberty. " Puberty " under Muhammadan Law is presumed, in the absence of evidence, on completion of the age of 15 years. It would, therefore, necessarily follow that the minor should exercise the option after the age of 15 years, unless there was evidence to the contrary that the puberty…

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