SAIYID RASHID AHMAD Vs. MT ANISA KHATUN

JUDGEMENT

(1.) This is an appeal from a decree of the High Court at Allahabad, dated 1 February 1927, which reversed a decree of the Court of the Subordinate Judge of Bijnor at Moradabad, dated 15 December 1923. The dispute relates to the succession to the estate of Ghiyas Uddin, a Mahomedan, who died on 4 April 1920, leaving considerable moveable and immovable property.

(2.) The appellants are plaintiffs in the suit, which was instituted on 28 June 1922, and are a brother and sister of Ghiyas Uddin, and, along with respondents 10 to 12, who were impleaded as pro forma defendants, would be heirs to Ghiyas Uddin according to Mahomedan law, if respondents 1 to 6 (who were defendants 1 to 6), are unable to establish their claim to be the widow and legitimate children of Ghiyas Uddin.

(3.) The main controversy turns on four stages in the matrimonial history of Anis Fatima, respondent 1, viz. (1) her marriage to Manzur Husain in 1901; (2) her divorce by Manzur Husain early in 1905; (3) her marriage to Ghiyas Uddin on 28 August 1905; and (4) her divorce by Ghiyas Uddin on or about 13tb September 1905. It is admitted that Anis Fatima was married to Manzur Husain in 1901, but the respondents maintain that the marriage was invalid on the ground that both parties were minor at the time. The Subordinate Judge held the marriage to be valid on the ground that Anis Fatima was then adult, and Manzur's marriage wascontracted through his mother as his guardian, and thin conclusion appears to have been accepted by the High Court.