Tara Bano v. Iqbal Mohd.

1. Is a decree required after a girl exercises the option of puberty by conduct?
2. Is a suit for restitution of conjugal rights maintainable on these facts?
3. If both parties have remarried, can restitution be justified or executed?

• Muslim Law §§272–275: Repudiation (option of puberty) is available to a minor-girl; repudiation must be confirmed by Court findings; until then, marriage subsists.
• Dissolution of Muslim Marriages Act, 1939, s.2(vii): Wife may obtain dissolution if (i) married before 15, (ii) repudiates before 18, and (iii) marriage not consummated.
• Restitution: Relief fails where the earlier marriage stands effectively repudiated and parties have entered valid subsequent marriages.

• Separate divorce decree not mandatory if Court records credible proof of repudiation meeting s.2(vii).
• Trial Court’s fact-findings confirmed repudiation under Muslim Law §275 and DMMA s.2(vii).
• First appellate court erred in granting restitution on a technical view.
• Given subsequent valid marriages, restitution is neither maintainable nor executable.

Substance over form: Court confirmation of repudiation through findings of fact satisfies §275 and s.2(vii); a separate decree is not sine qua non.

Restitution protects real marriages: Relief cannot disrupt later valid marriages or ignore a proven repudiation.

• Clarifies the option of puberty pathway for minors married by guardians.
• Prevents misuse of restitution where the earlier marriage is effectively terminated.
• Centers dignity and stability of existing valid marriages.

1. Repudiation before 18 + no consummation fits DMMA s.2(vii).
2. Court’s findings can confirm repudiation; no extra decree needed.
3. Restitution fails where parties have remarried.
4. Appeal courts should not disturb sound fact-findings.

Mnemonic: “Proof, No-consummation, Refuse Restitution” (PNR)

• Proof — Show clear repudiation before 18.
• No-consummation — Essential for s.2(vii).
• Refuse Restitution — Especially after valid remarriage.

Issue: Need for decree after option of puberty; maintainability and execution of restitution when parties remarried.

Rule: Muslim Law §§272–275; DMMA, 1939 s.2(vii); restitution principles.

Application: Trial Court confirmed repudiation; elements of s.2(vii) met; later marriages make restitution unjust and unworkable.

Conclusion: Separate decree not essential; restitution set aside; trial findings restored.

Option of Puberty

Right of a minor-wife to repudiate a guardian-arranged marriage on attaining puberty.

DMMA s.2(vii)

Ground for dissolution where marriage before 15 is repudiated before 18 and not consummated.

Restitution of Conjugal Rights

A decree directing spouses to resume cohabitation; denied if unjust or impracticable.