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Option of puberty is a right available to repudiate a woman’s
marriage—if it occurred while she was a minor—to include a marriage
contracted for her by her father or grandfather. A boy or girl who has not
attained puberty (in this part called a minor), is not competent to enter
into a contract of marriage, but he or she may be contracted in marriage by
his or her guardian. ….. [Principles of Mohammedan Law by Mulla, Twelfth
Edition, section 207 (224)]
Option of puberty under Mohammedan Law is only a right given to a minor
wife to avoid the marriage contract, entered into by her guardian, on
becomingsui juris. ….. [Mst Daulan vs Dosa 8 DLR (WP) 77]
Anything done by the minor during the minority would not destroy the right
which could accrue only after puberty. The co-habitation of a minor girl
would not thus put an end to the "option" to repudiate the marriage after
puberty. The assent should come after puberty and not before, for the
simple reason that the minor is incompetent to contract; nor should the
consummation have taken place without her consent. ….. [Mst Ghulam Sakina
vs Falak She PLD 1949 Lah. 75]
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