In Qasim Husain Beg v. Kaniz Sakina, what did the Allahabad High Court hold about a Muslim wife’s…
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 Qasim Husain Beg v. Kaniz Sakina, what did the Allahabad High Court hold about a Muslim wife’s capacity to agree to relinquish dower as part of a consensual 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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