SONAULLA SARKAR Vs. SRIMATI TULA BIBI

JUDGEMENT

(1.) The plaintiff in this suit is the mother and certificated guardian of a minor Muhammadan girl The defendant No. 1, the appellant before us, is the uncle of girl. He is said to be the stepbrother of the defendant No. 2, who is the father of the minor defendant No. 3 Baharulla Mundal. The suit was brought for a declaration that a ceremony purporting to be a ceremony of marriage between the plaintiff s daughter and the defendant No. 3 was not duly performed and was invalid. The Courts below have concurred in making the declaration sought and thig appeal is preferred by the defendant No. 1.

(2.) The question whether the rites required by the Muhammadan Law were duly performed, turns on matters of fact and if the decrees of the Courts below were not otherwise open to objection, their finding on that questionwould be binding on us.

(3.) On behalf of the defendant No. 1, however, it has been contended throughout that the suit is not maintainable by the plaintiff on the ground that she has no right or authority to intervene in matters relating to the marriage of her daughter. It is said that when, as here, the unole is the nearest male agnate, be is the guardian for marriage of his minor niece and is in a position to compel her marriage to a bridegroom of his own selection, subject to the girl s right, on attaining puberty, to refuse her consent to the marriage and to take the proper steps to have it cancelled.