AHMED SULEMAN VOHRA Vs. BAI FATMA

JUDGEMENT

(1.) This is an appeal by the husband against a decree for divorce to the plaintiff-respondent granted by the trial Court, and confirmed in appeal by the District Court.

(2.) Both the Courts found that the appellant husband had falsely charged the respondent wife with adultery. The parties are Bohras and Sunni Mahomedans. Both the Courts held that a alse charge entitled the wife to divorce.

(3.) Three grounds are taken for the appellant. Firstly, that he should have been given express opportunity of retracting this false charge in the trial Court and this appeal should be remanded for that purpose. Secondly, the appellant resided at Petlad in the Baroda territory and the British Courts had therefore DO jurisdiction. Thirdly, the respondent wife was sixteen and not eighteen at the time of the date of the suit and she was not therefore competent to sue without a guardian.