AKILA Vs. SHAFI MOHAMMED

JUDGEMENT

(1.) THE plaintiff/appellant is aggrieved by the judgment and decree of the lower appellate Court dismissing her suit for dissolution of her marriage with the respondent, in reversal of the decree of the Trial Court which had decreed the suit.

(2.) VIDE order dated 13 -3 -1984, this Court admitted the appeal for hearing parties on the following substantial questions of law : '(i) Whether it was an admitted fact that, at the time of her marriage with the respondent, the appellant was aged 14 years and, therefore, it was not open to the first appellate Court to find that she was aged 15 years on that day ? (ii) Whether, even if it is assumed that the appellant was aged 15 years on the date of her marriage with the respondent, the marriage is void for the reason that the consent was given not by her but her father ?'

(3.) ACCORDING to the plaintiff, she was given in marriage by her father when she was 14 years of age. She stayed with the defendant for a period of eight days merely, during which period she was treated with cruelty by the defendant, also by the mother -in -law and the sister -in -law. She returned to her father, not to unite with her husband any more. She repudiated her marriage by filing the suit on 11 -9 -1979.