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Abdul Ahad vs Shah Begum

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Case Summary : Abdul Ahad vs Shah Begum

Author : Neha Singh

Citation: AIR 1997 J K 22

Bench: Justice B Nazki

INTRODUCTION

In this Case of Abdul Ahad vs Shah Begum, the wife claimed to have repudiated her marriage. The court held that it is a settled principle of law in Islamic law that once the girl becomes major, she has the absolute right to contract the marriage and this right cannot be exercised by anyone else.

FACTS

In this case, appeal has been filed by the present appellant who was the plaintiff before the trial Court. The appellant pleaded for the decree of conjugal rights with his wife of 5 years. He had an agreement with his mother-in-law that he will reside in their house for 4 years but now the mother-in-law has refused to let him in and he pleaded that she is interfering in living together of him and his wife to which the wife wrote a statement stating that her marriage had been performed with the appellant five years back without her consent and she was a minor at that time. She further submitted that she has never cohabited with him nor she ever lived with him as his wife and the girl’s Wali was her uncle who happened to be the groom’s father.

ISSUES

Whether the Nikah of defendant with plaintiff had been performed forcibly five years ago when she was a minor?

JUDGEMENT

The appeal was dismissed and the judgment and decree of the District Judge is upheld with that the marriage contracted between the parties was invalid ab initio and shall not bind the parties.

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