Law:

Section:

Dissolution of Muslim Marriages Act (VIII of 1939)------S. 2(vii)---Marriage of a girl during age of minority---Right to exercise Khiar-ul-Balugh-----Where marriage of minor girl had been performed by her father/guardian, she could repudiate her marriage before attaining age of eighteen years, if marriage had not been consummated---Law has not prescribed any particular form or procedure for repudiation of marriage, which could be by oral words or even by conduct signifying rejection of marriage--­Respondent/husband had admitted that marriage had not been consummated, despite best efforts made by him---Respondent had claimed that marriage took place when appellant was about 13/14 years of age and she had now reached age; of 24 years but uptil now she had not remained with him as his wife---Such circumstance would lend support to version of appellant that she had repudiated marriage on attaining majority--- Appellant's suit for dissolution of marriage on ground of right of exercise of puberty was decreed in circumstances. PLD 1969 Lah. 448 and,PLD 1981 Lah 68 rel ORDER Through this appeal, the appellant has called in question the validity of the Judgment and decree of the Family Court Muzafferabad dated 31-12-1995, whereby the suit of the appellant for dissolution of marriage on this basis of option of puberty was dismissed and the suit of the respondent for restitution of conjugal rights was decreed. 2. The succinct facts forming the background of the instant appeal are that the appellant brought a suit for dissolution of marriage on the basis of the option of puberty before the Family Court Muzafferabad. It was claimed by the appellant that her Nikah was performed with the respondent during her age or minority in 1986. On 17-10-1986, after attaining the age of the puberty, the appellant camp to know that on the occasion of the marriage of her brother, Muhammad Fiaz, with the sister of defendant No. 1, when the Barat went to the house of defendant No. 1, then his father imposed conditions. He stated that Rukhsati will only take place, if the father of the appellant will pay them Rs.15000 and the Nikah of the appellant will be performed with the defendant No. 1.…

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