SHABNAM Vs. MOHD SHAFIQ

JUDGEMENT

(1.) this is plaintiff's appeal under section 19 of the family courts aft against the judgment dated 27-7-1996 whereby the judge, family court. Jodhpur dismissed the appellant's petitiun tor dissolution of marriage.

(2.) the facts giving rise to the instant appeal are that appellant filed a suit tor dissolution of her marriage under section 2(vii) of dissolution of muslim marriages act. 1939 on the ground that she was being married by her father before she attained the age of 15 years which was repudiated by her be fore attaining the age of eighteen years. She was aged 14 years at the time of nikah on 2-11-1991 performed through her father with mohd. Shafiq. She disclosed her date of birth as 15-3-1978. It was further averred that marriage of the plaintiff was never consummated with defendant. She also claimed dowry as mentioned in schedule 'a'.

(3.) the plaint allegations were controverted by filing a written statement. In the written statement, it was admitted that nikah between the parties took place on 2-11-1991 but it was denied ihat plaintiff shabnam was 14 years of age at the time of nikah. It was stated that, at ::he lime of nikah, shahar qazi shri abid ali filled in the pro forma the age of plaintiff as 16 years. But. Thereafter the lather of the plaintiff with a view to file a suit, filed a false affidavit before the district education officer aud could manage the change in dale of birth, it was further averred that age of plaintiff in the school register of st. Dorn basco school. Jodhpur was 15-3-1975. It was also stated that in the school register of kasturba gandhi school, where the plaintiff was student of 2nd k. G.. Her date of birth was shows as 15-3-1975. It was further averred that in the government girls' senior higher secondary school, sardarpura, jodhpur, the original date of birth of plaintiff was recorded as 15-3-1975, but. After the orders of district education department, it was amended as 15-3-19.78. This shows that age of plaintiff at the time of nikab was 16 years i.e. 2-11-1991. It was further-averred that in the ration card, father of the plaintiff mentioned her age as 16 years. It was also stated that age, of younger brother of plaintiff was (sic) inserted as 11-11-1976 in the school records. It was further averred that after the marriage, plaintiff came to her in-laws house and consummated the marriage for two days and third day she returned to her parent's house. Thereafter, she again visited her matrimonial home in the summer vacation and consummated the marriage. Defendant denied to have received notice to repudiate. The marriage. With regard to schedule 'a', it was submitted that plaintiff had already taken all the articles, therefore, she was in the possession of them. It was further averred that defendant has filed a petition for restoration of conjugal rights which was pending before the bikaner court. The plaintiff filed a rejoinder and denied that her date of birth was 15-3-1975 but it was re-emphasized that her date of birth was 15-3-1978. It was further averred that date of birth of mohd. Afroz was 17-5-1980. In the rejoinder, she reiterated that she never consummated marriage with defendant.