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Repudiation of marriage by wife (khayar ul bulugh)

A wife is entitled to sue for dissolution :

1. she was given in marriage by her father or any other guardian before she
attained the age of fifteen years.
2. The marriage has not been consummated, and
3. That she had repudiated the marriage before she attained the age of
eighteen.

Remarriage- after irrevocable free remarry with another person immediately if the
marriage was unconsummated because the period of iddat is not to be observed,
but in the case of consummated ddat is expired.

The parties may remarry each other. But according to rule 64 there should be
intermediate marriage of the woman with another woman and such marriage should
be actually consummated. Only after dissolution of such intermediate marriage,
they can actually remarry. It is an effect of Triple Irrevocable Talaq.

Option Of Repudiation-

1. When a minor male is given in marriage by his father or grandfather, on


attaining puberty, he has a right of repudiating such marriage, if the
marriage, is contracted fraudulently, carelessly and for disadvantage of the
minor, provided, the marriage is not ratified by the minor expressly or
impliedly.
2. When a minor female before she has attained the age of 15 years is given
marriage by her father or grandfather, she has a right of repudiating such
marriage before attaining the age of 18 years, under section 2 (vii) of
Dissolution of Muslim Marriage Act, 1939.
Hanafi School recognizes a talaq valid if it was pronouncedin express words
even though it was pronounced under compulsion such as, for the
satisfaction of someone else.1
Though the talaq under compulsion is valid, its acknowledgement under
compulsion is not valid.2
A minor male, on attaining puberty has the right of repudiating the marriage
by which he has contracted by his father or grandfather only if the father or
grandfather has acted.
1. Fraudulently, or
2. Carelessly, or
3. Negligently, or
4. Wickedly, or

2
5. For disadvantage of the minor.3

For example, if a minor male is married to a lunatic, impotent, insane or an idiot,


such marriage may be repudiated by the minor only after he attains majority.
According to Rudd-ul-Mukhtar. 4

If the marriage is in all respects suitable, the bride and bridegroom are equally

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