AYATUNNESSA BEEBEE Vs. KARAM ALI

JUDGEMENT

(1.) This appeal arises out of a suit for the recovery of a wife.

(2.) The defence is that at the time of the marriage it was stipulated between the parties that in the event of the husband taking another wife the wife should have the power to divorce herself and that in the exercise of that power the defendant divorced herself in December 1904.

(3.) The Subordinate Judge has found that the stipulation was made and that the plaintiff broke it by marrying a second time. But he has held that the divorce is invalid, because the defendant did not exercise the option given to her immediately on hearing of the second marriage. The Subordinate Judge accordingly decreed the suit.