ISSUE:
When the option of puberty is opted by a lady by her conduct and same is admitted by the opposite party, in that situation, whether it is necessary to obtain a decree for dissolution of marriage from a competent court?
Whether in the facts and circumstances of the present case, the suit for restitution of conjugal rights is maintainable?
When the plaintiff himself admits that the present appellant has entered into a second marriage, then the decree for restitution of conjugal rights is justified or not?
Whether the decree of restitution of conjugal rights can be executed when both the parties have remarried?
RULE:
Relevant sections of Mohammadan law:
Section 272 states that, When a minor has been contracted in marriage by the father or father's father, the contract of marriage is valid and binding, and it cannot be annulled by the minor on attaining puberty.
1. Section 273 states that By the Dissolution of Muslim Marriages Act, 1939, all restriction on the option of puberty in the case of a minor girl whose marriage has been arranged by a father or grandfather has been abolished and under Section 2(vii) of the Act, a wife is entitled to the dissolution of her marriage if she proves the following facts, namely, (1) the marriage has not been consummated, (2) the marriage took place before she attained the age of 15 years and (3) she has repudiated the marriage before attaining the age of 18 years.”
2. Section 275 states that The mere exercise of the option of repudiation does not operate as a dissolution of marriage. The repudiation must be confirmed by the Court. Until then the marriage subsists, and if either party to the marriage dies, the other will inherit from him or her, as the case may be.”
Section 2 of The Dissolution of Muslim Marriages Act, 1939 states that A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: (vii) that she having been given in marriage by her father or another guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years; Provided that the marriage has not been consummated.