MT RAHIMAN BIBI Vs. FAZAL

JUDGEMENT

(1.) This is a perfectly simple and straightforward case. We are going to allow the appeal because we are of opinion that the Judge in the lower appellate Court, in considering what were the principles laid down in the case of Jafar Husain v. Ummat-ur-Rahman [1919] 41 All. 278, included in it a principle which the case does not warrant.

(2.) The suit was commenced by Mt. Rahiman Bibi. She was a young woman, who is said to have been a minor but may have been on the eve of her majority, or may an fact have been major at the time of the happening of the event complained of. She sued her husband for a dissolution of marriage, and her case was that having been married on the 21 of June 1922, her husband in September 1922 made an accusation against her that she had committed adultery, at first with a man whom he did not name but ultimately with a named relative, and as a result of that adultery she had become pregnant. He made that accusation at a moment when she had returned to his house, and demanded and received from her the jewels which he had given her on her marriage and turned her out of the house. That is to say, she remained during the rest of the night under her husband's roof. In the morning he sent for her relatives, charged her in their presence with adultery and said he wished to have no more to do with her. Thereupon they took her away. She has never since resided with her husband. The husband on other occasions made repeated charges to various people of the misconduct of his wife. The father of the lady apparently went to the people of the brotherhood and a great deal of time was occupied in trying to make arrangements either to settle the matter amicably or to bring about some form of matrimonial separation, and it came to me as a considerable, astonishment, that this suit, commenced as it was on the 2 January, 1924, was brought 15 months after the accusation had been made. In ordinary circumstances I should have said that a delay for that length showed that the lady really did not feel so outraged by the accusation as to entitle her to relief. The gap has to some extent been satisfactorily filled up by the interviews and negotiations which the father had with members of the brotherhood and I am satisfied that the charge shocked and outraged the feelings of the lady.

(3.) The plaint sets out the facts I have narrated and adds: The plaintiff was put to great disgrace on account of the false accusations and suffered a mental pain.