In the matter of an Application for permission to marry, Shabir Abdulmalk Mohamed Virji to Dilara Nuraly Manji, Misc. Causes 9-M-71; 6/11/71; El-Kindy J.

In the matter of an Application for permission to marry, Shabir Abdulmalk Mohamed Virji to Dilara Nuraly Manji, Misc. Causes 9-M-71; 6/11/71; El-Kindy J.

This is an application to the High Court under section 13(2) of the Law of Marriage Act, 1971 for leave for S, a sixteen year old boy to marry D, an eighteen year old girl. The application was supported by affidavits of the intended spouses and their respective fathers, and supported by medical evidence.

            Held: (1) “In terms of section 76 of the Law of Marriage Act, 1971, this Court has concurrent original jurisdiction, in matrimonial proceedings, with the courts of resident, district and primary magistrates. And, according to section 21(1) of the Law of Marriage Act, 1971, this application is a matrimonial proceeding as it comes under Part II of the Act. It would appear, therefore, that an applicant can choose the forum of his application.” (2) “The procedure to be followed is provided for in the law of Marriage (Matrimonial Proceedings0 Rules, 1971, G. N. No. 136 of 1971 which were published on the 11^th of June, 1971. Rules 8 to 11 provide for a procedure of chamber summons. In this case, the applicants adopted this procedure.” (3) “Section 12(1) of the Law of Marriage Act, 1971,

fixed the minimum marrying age for males at the apparent age of 18 years and that for females at the apparent age of 15 years. It would appeal, therefore, that the prospective husband, in this application is unqualified to marry, but the prospective wife is so qualified. It was necessary, therefore, for an application of this nature to be made whence he would be required to satisfy this Court that (1) each party had attained the age of 14 years and (2) there are “special circumstances which make the proposed marriage desirable”. Form the affidavits; it is clear that both parties are well over the age of 14 years.” (4) “Both parties depose that they deeply love each other, and that in the course of their intimate relationship, they had sexual intercourse with each other, and that, as a result of this, the prospective wife conceived a child, and became pregnant ………. On this evidence, I am satisfied that the prospective wife is in fact pregnant.” (5) “I agree ……….. that it was undesirable for the child to be born out of wedlock, when the parties are willing to marry, and injurious to the parties and their parents. The father of the prospective wife has consented to the marriage. I find as a fact that the existence of pregnancy constitutes special circumstances which make the proposed marriage desirable.” (6) Leave granted.