'M', the mother of a Muslim minor daughter contracted her in marriage in the lifetime of the father who…
A father who has become an apostate ceases to be the guardian for marriage of his Muslim daughter, because a non-Muslim cannot act as marriage guardian of a Muslim minor.…
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'M', the mother of a Muslim minor daughter contracted her in marriage in the lifetime of the father who had become an apostate. The marriage is
Answer and explanation
Correct answer B
A father who has become an apostate ceases to be the guardian for marriage of his Muslim daughter, because a non-Muslim cannot act as marriage guardian of a Muslim minor. With the father disqualified, a marriage contracted by the mother as guardian is "Valid". The daughter can still repudiate it on reaching puberty under the option of puberty, which section 2(vii) of the Dissolution of Muslim Marriages Act, 1939 preserves; this does not make the marriage void, irregular or bad in law.
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