In its 1932 decision in Qasim Husain Beg v. Kaniz Sakina, what did the Allahabad High Court hold about…
The Allahabad High Court treated the wife’s consent to relinquish dower as part of khula. It applied the saving in section 2 of the Majority Act and held that she had…
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In its 1932 decision in Qasim Husain Beg v. Kaniz Sakina, what did the Allahabad High Court hold about the wife’s capacity to relinquish dower in exchange for khula?
Answer and explanation
Correct answer C
The Allahabad High Court treated the wife’s consent to relinquish dower as part of khula. It applied the saving in section 2 of the Majority Act and held that she had capacity after puberty even though she was below 18.
Option feedback
Option A
The court accepted capacity even though she was below 18 when she agreed to khula.
Option B
The court applied the saving in section 2 of the Majority Act. It did not require her to be 21.
Option C
The court held that her having attained puberty sufficed for capacity in the circumstances of the consensual khula.
Option D
The court treated the remission of dower as part of the agreed khula.
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