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2004 Supreme(Raj) 516

N.N.MATHUR, K.K.ACHARYA
Shabnam (Mst. ) – Appellant
Versus
Mohd. Shafiq – Respondent


Advocates Appeared:
D.S. Shishodia, Sr. Adv., assisted by Manish Shishodia, for Appellant M.A. Saddique, for Respondent

Honble MATHUR, J.–This is plaintiffs appeal u/s. 19 of the Family Court Act against the judgment dated 27.7.1996 whereby the Judge, Family Court, Jodhpur dismissed the appellants petition for dissolution of marriage.

(2). The facts giving rise to the instant appeal are that appellant filed a suit for dissolution of her marriage u/s. 2(vii) of Dissolution of Muslim Marriage Act, 1939 on the ground that she was being married by her father before she attained the age of 15 years which was repudiated by her before attaining the age of eighteen years. She was aged 14 years at the time of Nikah on 2.11.1991 performed through her father with Mohd. Shafiq. She disclosed her date of birth as 15.3.1978. It was further averred that marriage of the plaintiff was never consummated with defendant. She also claimed dowry as mentioned in Schedule `A.

(3). The plaint allegations were controverted by filing a written statement. In the written statement, it was admitted that nikah between the parties took place on 2.11.1991 but it was denied that plaintiff-Shabnam was 14 years of age at the time of nikah. It was stated that at the time of nikah, Shahar Qazi Shri Abid Ali filled in the proforma the age










































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