IQBAL MOHD. : JUDGMENT DTD. 27.1.2009
2/20
i) When the option of puberty is opted by a lady by
her conduct and same is admitted ... puberty (Khyar-ul-Bulugh) upon attaining the age of
puberty i.e. 15 years. If the factum of such revocation or exercise of
option
said
position, the respondent herself was not entitled to exercise
the option of puberty under Section 2 (VII) of the
Dissolution of Muslim Marriage ... which, it is
specifically provided that option of puberty is to be
exercised and dissolution of marriage by a muslim woman is
required
puberty, that males attain puberty
at the age of 15 years, and females at the age of 9 years."
WHEN THE PROSECUTRIX ATTAINED PUBERTY ... between the applicant and the prosecutrix is valid.
Khyar-ul-bulugh (Option of puberty)
14.3 Under Muslim Personal Law (Shariat), a minor
Civil Judge in the said case that mere exercise of
option of puberty does not operate as dissolution of marriage unless such
repudiation is confirmed ... exercise of right under the
Personal Law seeking dissolution on an option of puberty is subject to the
confirmation by the Court in the following
defendant stood dissolved in consequence of the exercise of the "option of puberty" by the plaintiff. It is common ground that the parties ... lower Appellate Court proceeded to consider the question whether the option of puberty had in fact been exercised "without unreasonable delay
marriage by exercising what is usually known as the "option of puberty" would be of no avail and would not invalidate or dissolve ... marriage; or, in other words, that the "option of puberty'' would be unavailing here as against the husband's claim
marriage on attaining puberty. This right is technically called "option of puberty". By the Dissolution of Muslims Marriages Act, 1939 , all restrictions ... option of puberty in the case of a minor girl whose marriage has been arranged by a father or grandfather have been abolished. That
father or paternal grandfather, the minor has what is called the option of puberty, or option of repudiation, on attainment of age. We have, therefore
father or paternal grandfather, the minor has what is called the option of puberty, or option of repudiation, on attainment of age. We have, therefore
void. Before it the finding m to her having exercised the option of puberty was not challenged and it held that though where a father ... option can ever exist. Had she allowed the marriage to be consummated, or in some other way ratified the marriage, then her option of puberty
