AIR 2009 RAJASTHAN 82 ::2009 (5) All LJ NOC 817 ::2009 (5) ALJ 817 ::2009 (4) AIR Kar R 601 ::2009 A I H C (NOC) 609 (RAJ) ::(2009) 3 WLC(RAJ) 666 ::(2010) 1 CivLJ 195 ::2009 (4) RajLW 3086 ::2009 (1) RajLW 847

Rajasthan High Court

Hon'ble Judge(s): Vineet Kothari , J

Muslim Personal Law (Shariat) Application Act (26 of 1937) , S.275— Dissolution of Muslim Marriages Act (8 of 1939) , S.2— Dissolution of marriage - Wife was minor at time of her marriage with plaintiff - She repudiated said marriage after attaining age of puberty and remarried with another person - Factum of revocation or exercise of option of puberty proved before trial Court - Wife need not obtain decree of dissolution of marriage - Her second marriage would be valid - Plaintiff first husband not entitled to decree of restitution of conjugal rights. AIR 1960 M.P. 24, Diss. from. It is not necessary for Muslim lady to obtain a decree for dissolution of her marriage after she exercises her option of puberty (Khyar-ul-Buugh) upon attaining the age of puberty i.e. 15 years. If the factum of such revocation or exercise of option of puberty is proved before the trial Court even by the oral evidence and the trial Court returns the findings of facts in her favour in a suit filed by the husband, even then it should be sufficient satisfaction of requirement of Section 2 of the Dissolution of Muslim Marriage Act, 1939. Section 275 of the Muslim Law also stipulates @page-Raj83 only this that repudiation must be confirmed by the Court. In the instant case the findings of the trial Court that father of the app....