MT AYESHA Vs. MUHAMMAD YUNUS

JUDGEMENT

(1.) This appeal arises out of a suit brought by a minor Mahomedan wife against her minor husband for the dissolution of her marriage with him.

(2.) The plaintiff's case is briefly as follows: The plaintiff is a minor aged about 12 years. Her father died when she was one year old and her mother remarried. The defendant's father managed to get her married with the defendant without the knowledge or consent of her uncle and legal guardian Haji Hashim. Muhammad Ismail who is a cousin of her mother acted as her guardian at the marriage, but he had no authority to do so. Accordingly the marriage is invalid. Further the marriage was repudiated by the plaintiff after she attained puberty in April 1935. The defendant while denying all the allegations of the plaintiff alleges that at her marriage her uncle Haji Hashim acted as her guardian, that she is over 14 years of age and attained puberty two years ago, that since then she was living with the defendant till August 1935, when she went over to her mother's place, and also that there has been no repudiation of the marriage by the plaintiff.

(3.) Two issues were framed in the suit as follows: (1) Was the plaintiff legally married to the defendant? (2) Did the plaintiff exercise the option of puberty?