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Judicial Dictionary


Legislative Dictionary


Option of Puberty

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CategoryO
TitleOption of Puberty
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Option of puberty is a right available to repudiate a woman’s marriage—if it occurred while she was a minor—to include a marriage contracted for her by her father or grandfather. A boy or girl who has not attained puberty (in this part called a minor), is not competent to enter into a contract of marriage, but he or she may be contracted in marriage by his or her guardian. [Principles of Mohammedan Law by Mulla, Twelfth Edition, section 207 (224)]

Option of puberty under Mohammedan Law is only a right given to a minor wife to avoid the marriage contract, entered into by her guardian, on becoming sui juris. [Mst Daulan vs Dosa 8 DLR (WP) 77]

Anything done by the minor during the minority would not destroy the right which could accrue only after puberty. The co-habitation of a minor girl would not thus put an end to the "option" to repudiate the marriage after puberty. The assent should come after puberty and not before, for the simple reason that the minor is incompetent to contract; nor should the consummation have taken place without her consent. [Mst Ghulam Sakina vs Falak She PLD 1949 Lah. 75]

Order

Order means a legally binding command or decision entered on the court record.

“Order” means the formal expression of any decision of a Civil Court which is not a decree. [S. 2(14) of the Code of Civil Procedure, 1908]
Created OnMay 2, 2011, 5:26 AM
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