Case Overview
Case Title	Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din
Jurisdiction	Peshawar High Court
Date of the Judgment	8th December 1939
Bench	Justice Mir Ahmed
Petitioner	Ms Ghulam Kubra Bibi
Respondent	Mohd Shafi Mohd Din

Introduction of Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din (1940)
Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din (1940) is a landmark case which centred around a suit filed by Mohammad Shafi and sought restitution of conjugal rights against his wife Mt Ghulam Kubra who denied the existence of their marriage. The conflict also involved an injunction against her parents to prevent interference in the marital relationship.

Crack Judicial Services Exam with India's Super Teachers

Get 18+ 12 Months SuperCoaching @ just

₹149999 ₹55999

Your Total Savings ₹94000

Explore SuperCoaching

Historical Context and Facts of Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din (1940)
The case at hand centers around a suit filed by Mohammad Shafi who sought restitution of conjugal rights against Mt. Ghulam Kubra who denied the existence of their marriage. The conflict also involved an injunction against her parents to refrain from interference in the marital relationship. The following are the brief facts of the case of Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din -
Filing of the Suit: Mohammad Shafi initiated legal proceedings against Mt Ghulam Kubra and sought restitution of conjugal rights.In addition, he also sought an injunction to restrain her parents from interfering in their purported marital relationship.
Defense by Mt. Ghulam Kubra: Mt Ghulam Kubra rejected the claim and asserted that no marriage had ever taken place between her and Mohammad Shafi.
Dispute Over Age and Consent: The question of the age of woman at the time of the alleged marriage arose during the trial. A Mullah, who contended to have officiated the marriage at the request of the grandfather of the girl admitted that no effort was made to obtain her consent.
Testimonies Presented:
The following witness testimonies were presented: Mistri Abdul Karim provided vague testimony and mentioned two unidentified witnesses to the nikah. Mohammad Ramzan contended to have witnessed the marriage and identified himself as the neighbor of the plaintiff. Mohammad Din confirmed to witness the marriage and disclosed that the plaintiff had worked for him for 8 or 9 years.
Trial Court Decision: The Trial Court held that Mt Ghulam Kubra was eligible to marry at the time of the alleged marriage and confirmed the marriage valid. Following this, a decree for restitution of conjugal rights was granted and an injunction against the parents.
Appeal to the District Court: Both parties accepted that the woman was eligible to marry at the relevant time. The District Court upheld the decree for restitution of conjugal rights but revoked the injunction against the parents. Thus, the Court partially allowed the appeal.

Issue addressed in Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din (1940)
The case of Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din raised various important questions: Firstly, whether the parties were eligible of giving valid consent at the time of the marriage, secondly, whether there was a formal proposal and acceptance and thirdly, whether witnesses were present to verify that the bride gave her consent in front of them. Lastly, whether restitution of conjugal rights can be granted?

Judgment and Impact of Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din (1940)
The Court in Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din highlighted that the customary practice for solemnization of marriages requires a clear proof of the entire marriage process. This is essential to challenge the vague claim of having two witnesses to the nikah and to confirm that all necessary procedures were followed. It is to be noted that the person officiating the nikah testified that no one made an effort to ask the girl if she was willing to marry.
The Court noted that the girl was 17 years old when the marriage took place. The Court also pointed out in Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din that the parties involved were not familiar with Islamic law which considers a girl as reaching marriageable age upon puberty, usually presumed to be at 15 years old. As a result, the girl was given away by her grandfather without her direct consent.
Under the Islamic law, if a girl is a minor it is permissible for her father, grandfather or paternal relatives to give her away and makes the marriage valid. In the present case of Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din the witnesses only testified that they were present in the nikah but were not sure whether they were present when the grandfather gave the girl away.
After considering the facts and circumstances of the case the Court held that no valid marriage took place. The Court in Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din ruled that Mohammad Shafi had no right to seek restitution of conjugal rights. The Court accepted the appeal filed by Mt. Ghulam Kubra (the wife) and the suit filed by Mohammad Shafi was dismissed with costs.

Conclusion
The Court in Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din (1940) held that no valid marriage took place due to the absence of proper consent and vague witness testimony. As a result, the Court rejected the claim of Mohammad Shafi for restitution of conjugal rights and the appeal filed by Mt. Ghulam Kubra was accepted.

FAQs about Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din (1940)

What was the main issue in the Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din?

Whether a valid marriage had taken place between Mohammad Shafi and Mt. Ghulam Kubra.

Did Mt Ghulam Kubra accept the existence of the marriage in Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din?

No, she denied the existence of the marriage and claimed that no marriage had ever taken place.

What were the issues addressed by the Court in Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din?

The Court acknowledged whether the parties were eligible to give valid consent at the time of marriage and whether there was a formal proposal and acceptance.

Was the age of the girl a factor in the case of Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din?

Yes, the age of the girl at the time of marriage was questioned.

What was the decision of the Court in Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din?

The Court held that no valid marriage took place due to the absence of proper consent and vague witness testimony.

What was the decision of the Court in Ms Ghulam Kubra Bibi vs Mohd Shafi Mohd Din?

The Court accepted the appeal filed by Mt Ghulam Kubra and the suit of Mohammad Shafi was dismissed with costs.

Report An Error