JUDGMENT

Karamat Husain, J. - This was a suit by two daughters of Musammat Rakima by Hashmat Ullah for their share in the property left by Hash matullah. The defence was that they were illegitimate. The first Court decreed the claim and that decree was upheld by the lower appellate Court. The defendants prefer a second appeal. It is argued on their behalf that the plaintiffs are illegitimate. It appears that Musammat Rakima, while a minor, was first given in marriage to a minor, Shafi. After a week, she was given in marriage to another minor, Zakaria. After a time, a divorce was pronounced either by the minor husbands, Shafi and Zakaria or by their fathers. Musammat Rakima after being divorced was married to Hashmatullah and gave birth to the plaintiffs by him during the life-time of Shaf and Zakaria. The above facts are admitted on both sides, and it has been found by the lower appellate Court, in answer to the issues remitted, that Hashmatullah when he married Musammat Rakima was familiar with the marriages and divorces of his cousin, Musammat Rakima.

2. On the above facts, two points arise for decision:

(a) Can a minor or his guardian validly divorce his (minor's) wife?

(b) Is the i