Bashford v. Tuli Matrimonial Cause 4-D-69; 22/1/71; Hamyln J.

 

Bashford v. Tuli Matrimonial Cause 4-D-69; 22/1/71; Hamyln J.

The petitioner claimed a declaration that the marriage ceremony which was performed between her and the respondent in 1968 is null and void. The parties met in Ontario, Canada and married under Islamic law before a local Imam. The petitioner thought that at the time of the ceremony the respondent was unmarried and she stressed in here evidence that it was part of the bargain of her marrying the respondent that he was to remain a single man. When the parties went to the respondent’s house in this country, he introduced the petitioner to two women as his other wives, whom he had married before his marriage to her. The petitioner then left the respondent immediately.

            Held (1) [Citing Saburannessa v. Sabdu Sheikh and Others, AIR, 1934, Calcutta 693,] “The marriage under the Mohamedan law is a civil contract and is like a contract of sale. Sale is the transfer of property for a price. In the contract of marriage, the wife is the property, and the dower is the price. I have no doubt that this is the true view of marriage in Mohamedan law and that, while not flattering to the woman, such contract is subject to the normal considerations which govern such agreements.” (2) “There is ample evidence on the record (which is not in issue) that the petitioner would never have entered into the marriage contract with the respondent had she been aware of his marital status; such evidence I have accepted, and as a result the Court finds that the woman, in consenting to the marriage ceremony, gave such consent on a completely erroneous conception of a condition precedent. Nor was such error a mere misconception which the petitioner could have, or should have, avoided, for it arose from a deliberate misrepresentation on the part of the respondent. I consequently allow the prayer in the petition as to the marriage and declare it to be null and void abinitio.” [Applying Abdul Latif Khan and another v. Niyaz Ahmed Khan, 31 I. L. R. Allahabad (1909) 343 and Bibi Ahmed0un-Niza Begau v. Aki Akbar shah AIR 1942 Peshawar 19]