Law:

Section:

(a) Muhammadan Law----------Age of puberty-Normally is at age o f fifteen. In the absence of evidence to the contrary, a Muslim girl is presumed to have attained puberty at the age of 15. Of course, it is a question of fact in each case, and a girl may reach the puberty stage even earlier. (b) Dissolution of Muslim Marriages Act (VIII of 1939)----- -----S. 2 (vii)-Nikah of minor girl by her stepbrother-Consumma­tion took place--Before attaining puberty marriage repudiated by girl-Marriage held dissolved. The nikah was performed by stepbrother of the girl, acting as her guardian, and this was her own case. Appar­ently no other nearer guardian was in existence. In these circumstances it is obvious that the marriage contracted by a guardian during the minority of the girl could be repudiated by her on attaining puberty. The consummation that took place in the present case, having occurred before the girl attained puberty, did not destroy her right of option of puberty. She did nothing on attaining the age of majority to express approval of the marriage. Consequently, the exercise by her of right of opinion must be upheld. Mst. Ghulam Sakina v. Falak Sher P L D 1949 Lah. 75 ; Abdur Rahman v. Aminabai I L R (1935) 59 Bom. 426 ; Joygan Nessa Bibi v. Muhammad Ali A I R 1938 Cal. 71 and Munshi v. Mst. Alam Bibi (1931) 133 I C 126 referred to. JUDGMENT RAHMAN, J.-This order will dispose of two Regular Second Appeals Nos. 232 and 233 of 1950. They have arisen out of two suits, one brought by Behram Khan for restitution of conjugal rights against his wife, Mst. Akhtar Begum, and the other brought by the wife for a declaration that she was not the legally wedded wife of Behram Khan, or, in the alternative, for dissolution of her marriage with him. The trial Court decreed the husband's suit and dismissed that of the wife. On appeal, the learned District Judge, Attock at Campbellpur, reversed the decision and granted a decree to Mst. Akhtar Begum for dissolution of her marriage with Behram Khan, defendant. The parties were left to bear their own costs in both the Courts. The husband has, therefore, filed two appeals to contest the order which covered both the suits. The…

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