MT BANNO BEGAM Vs. INAYAT HUSAIN

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for dissolution of marriage. The plaintiff, Mt. Banno Begam, is a young Mohammedan girl. On 12-10-1943, she brought a suit in the Court of the Munsif of Moradabad for the dissolution of her marriage, on, the allegation that she was a minor when she was married on 20th December 1942, and, by reason of the fact that her husband was a man of loose morals and had charged her with adultery, she was exercising her option of dissolution. She also said that the marriage, though formally performed, had not been consummated.

(2.) The defence, generally, was a denial of the plaintiff's plea of minority on the date of the marriage, of the charge of immorality and a further plea that the marriage had been consummated It was also pleaded that the defendant had presented the plaintiff with ornaments worth Rs. 200 at the time of the marriage and that the suit was the outcome of the avarice of her father.

(3.) The learned Munsif held that the plaintiff was not a minor on the date of her marriage and that she had failed to prove that the defendant was immoral. He also held that the marriage had been consummated. He, however, found that the defendant had charged the plaintiff with adultery and this entitled her to claim dissolution. He, in the result, decreed the suit.