MUSAMMAT SUGHRA Vs. MUZAFFARI

JUDGEMENT

(1.) IN view of the findings arrived at by the Court below this appeal must be allowed. Mr. Akbar Husain, the District Judge of Saharanpur, has arrived at the following findings which are unequivocal and clear: The plaintiff-appellant first came to know that she had the right of repudiating the marriage on the 5th September, 1923, when she sent a notice to the defendant by registered post. It was on that day that she for the first time repudiated her marriage. Under the Muhammadan Law, as expounded by Imam Mohammad, a woman's right of option to repudiate a marriage is prolonged until she is acquainted with the fact that she possesses such a right. This is a special rule of law which is recognised under the Muhammadan jurisprudence and which gives the right to a Muhammadan lady to repudiate the marriage when she is in possession of all the facts entitling her to repudiate it. It has been held by this Court in Bismillah Begam V/s. Nur Mohammad 63 INd. Cas. 702 : 19 A.L.J. 845 : 3 U.P.L.R (A.) 186 : 44 A. 61 : A.I.R. 1922 All. 155 that this rule is a reasonable and equitable rule and should be applied to this country. IN our opinion the rule laid down in the case viz., that if the female plaintiff did not know she had a right of rescinding the marriage she would have the power to do so when she is aware of it--is a rule which is in perfect accord with Muhammadan Law. IN the present instance, the repudiation was made by the plaintiff shortly after her attainment of puberty and immediately upon her being cognizant of her right to repudiate the marriage. We allow the appeal, set aside the decrees of the Courts below and decree the suit for the cancellation of the plaintiff's marriage with Muzaffari, the defendant-respondent. There has been no appearance of Muzaffari in this. Court either at the previous hearing or to day,--a matter which is not without significance. The plaintiff is to have her costs throughout.