JUDGMENT

Soott-Smith, J. - In the case out of which the present second appeal arises Mt. Bakho sued for dissolution of marriage with Lal on two grounds, (1) that she was married by her father during her minority and (2) that she has renounced Islam and become a Christian. I am not concerned with the first ground. The case was first of all tried by a Muhammadan Munsif, Syad Zulfiqar-ud-Din, who decreed the claim holding that the plaiutirf had renounced Islam and had become a Christian. On appeal the District Judge, Khan Bahadar Abdul Ghafur Khan, remanded the case for inquiry into certain points under O, 4, Rule 23, Civil Procedure Code. The case then came before a Hindu Munsif who held that the plaintiff had renounced Islam and become a Christian and gave a decree. The case then went on appeal before Mirza Zafar Ali, District Judge, who held that Mt. Bakho was not a Christian, because she had not been baptized by a duly authorized person. The learned District Judge set aside the decree and dismissed the plaintiff's suit. She has filed a second appeal to this Court which has been heard ex parte in the-absence of the respondent.

2. The learned District Judge in the course of his judgment states that the plaintiff did not put herself in the witness-box to be examind with regard to her views on religion. Before the remand, however, she appeared as a witness on her own behalf and she subsequently was called as a witness on behalf of the defendant and again gave evidence. She clearly stated in the course of her evidence that she had renounced Islam and had been baptized as a Christian and that she professed the Christian religion. She was baptized by an Indian Christian named Hakim Ali who belongs to a sect of Christians called the Christ Mission. Now Hakim Ali clearly deposed that he baptized Mt. Bakho and that for a month before baptizing her he instructed her in the principles of the Christian religion, in other words, he prepared her for baptism. It appears from the evidence of Mr. Samad and Mr. Smith that Hakim Ali was what is called a section-in-charge and that every section-in-charge is authorised to perform the rite of baptism. Even according to the rules of the Church of England, any private person can, in the case of emergency, perform the rite of baptism, and I am not prepared to agree with the learned District Judge that the baptis n of Mt. Bakho was wholly inefficacious. But even if it was, the real question which had to be determind was whether Mt. Bakho had renounced the Muhammadan religion.

3. There is ample authority for holding that by the apostacy of either the husband or the wife a Muhammadan marriage is dissolved : see, inter alia, Nowroz Ali v. Aziz Bibi [1876] 124 P.R. 1876, Khan Bibi v. Pir Shah [1884] !32 P.R. 1884, Allah Baksh v. Amir Begam [1899] 61 P.R. 1899, Imam Din v. Hasan Bibi [1906] 85 P.R. 1906, Amir Beg v. Saman [1911] 33 All. 902 and Abdul Gani v. Azizul Haq [1912] 39 Cal. 409. The learned District Judge has not come to a clear finding as to whether the plaintiff is an apostate from Islam or not. In my opinion, there can be no doubt of this fact. We have her own clear statement in the witness-box and this is supported by the evidence of Hakim Ali who baptized her, and of Lal Din. I, therefore, hold, in accordance with the authorities above mentioned, that the marriage has been dissolved.

4. I, therefore, accept the appeal and setting aside the order of the lower appellate Court, restore the decree of the First Court with costs throughout.