Judgment :- 1. Plaintiff is the appellant. Her suit for dissolution of marriage was decreed by the trial Court. Defendant's appeal was allowed by the Sub Judge, and the suit was consequently dismissed. 2. It is the case of the plaintiff that she was given in marriage to the defendant by her father when she was only seven years old and that the marriage was never consummated. Defendant resists the suit on the ground that the plaintiff is not entitled to any reliefs as the marriage was really consummated. 3. Plaintiff has produced Est. 4.-1 which is the true extract of the Admission Register of Government U.P. School, Chalipuram, to prove her date of birth. Ext. A-1 shows 30-4-1964 as the date of birth. Bath the Courts have accepted Est. A-1. Defendant in cross examination also had to admit the correctness of Ext. A-1 admission register. Thus there is unassailable evidence that when she marriage between the plaintiff and the defendant was solemnised in 1971 the former was only aged 7 years. 4. Before the Dissolution of Muslim Marriages Act, 1939 (for short, the Act) a miner girl whose marriage was arranged by her father or grandfather bad no option to repudiate it on the attainment of puberty. After the commencement of the Act that position has undergone a change. Under S.2(vii) of the Act a wife is entitled to the dissolution of her marriage if she proves the following facts, namely: (1) the marriage has not been consummated; (2) the marriage took place before she attained the age of 15 years; and (3) she has repudiated the marriage before attain ing the age of 18 years. 5. As the marriage under Mohamedan Law is in the nature of a contract it is needless to lay that it requires the free and unfettered consent of both the parties. In a case where the spouses have attained majority they can enter into a marriage contract between themselves. But in the case of a miner the position is different. In the case of a minor who has not attained the age of puberty as recognised by the Mohamedan Lav the contract of marriage can be entered into by her guardian. The contract entered into by the father of the minor stands on no higher fasting than that of any ether guardian. In the case of a minor who has not attained the age of puberty as recognised by the Mohamedan Lav the contract of marriage can be entered into by her guardian. The contract entered into by the father of the minor stands on no higher fasting than that of any ether guardian. The miner can always repudiate or ratify the contract made by her father during the minority after the attainment of puberty Under the Meremaden Law puberty is presumed, on completion of the age of 15 years unless there is evidence to the contrary that puberty had been at (aired earlier. The burden is always on the person who pleads that the girl had attained puberty even before the attainment of 15 years. Even if there was any cohabitation before she bad attained puberty it would not affect her right to repudiate the marriage which right she gets only after attaining puberty. The cohabitation by a minor girl would not be sufficient to put an end to her right to repudiate the marriage after attaining puberty. A husband cannot be allowed to contend that there was consummation of marriage even before the wife had attained puberty. The consent to intercourse by a girl who had not attained puberty is not of any consequence. But the position would be different if the marriage has been consummated after she had attained puberty. 6. The main contention of the defendant is that the marriage between him and the plaintiff was really consummated and therefore the latter cannot claim dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939. Counsel submitted that the defendant had filed a petition for the examination of the plaintiff by a doctor to ascertain whether she was virgo intracta and as she refused to submit herself to such an examination adverse inference has necessarily to be drawn. In other words, it is contended that the conduct of the plaintiff in cot agreeing to a medical examination would if ally prove the case of the defendant to the hilt that there was consummation of the marriage and on that sole ground the suit is liable to be dismissed. Learned counsel for the plaintiff submitted that such an inference cannot be drawn as the result of medical examination may not show the true picture as the rupture of hymen can occur due to causes other than sexual intercourse. 7. Learned counsel for the plaintiff submitted that such an inference cannot be drawn as the result of medical examination may not show the true picture as the rupture of hymen can occur due to causes other than sexual intercourse. 7. Merely because the plaintiff did not agree to a medical examination by a doctor adverse inference cannot be drawn as the result of such an examination would not be sufficient to unerringly establish that the was not a virgo intacta. Hymen is usually present in a virgo intacta in some form or ether, but in certain cases, rare though they may be, it is congenially absent. Presence of hymen also may not prove non-intercourse. There were instances of women having conceived with the hymen uninjured. (See Taylor's Medical Jurisprudence 10th Edn. Vol..2 page 21). Dixon Mann makes the following observations on a ruptured hymen: "The hymen may be ruptured by to adequate force of any kind apart from sexual intercourse. It is reported to have given way from the presence of blood-clots during menstruation, from ulceration or following diptheria or other diseases, from jumping, riding on horseback, or falls on a bard projection. Masturbation has been stated, but probably without sufficient grounds, to be a cause of rupture of the hymen; In the majority of cases of habitual masturbation, the hymen will be found intact, the manipulations being limited to the parts anterior to it. Medical examination or applications may cause injury to the hymen. Some of these reasons for the absence of, or Injury to the hymen are quite feasible, others are far-fetched; each case has to be judged on its own merits." (Page 22 Taylor's Medical Jurisprudence, supra). Therefore, on the sole ground that the plaintiff did not agree to the medical examination it is not at all possible to draw an adverse inference that she was not virgo intacta. Therefore, on the sole ground that the plaintiff did not agree to the medical examination it is not at all possible to draw an adverse inference that she was not virgo intacta. The above view gets full support from Ghulam Sakina v. Falak Sher Allah Bakhsh (AIR 1950 Lahore 45) where it is held as follows: "Where in a suit for repudiation of her marriage by a Sunni wife, the defendant husband alleges that the marriage had been consummated, the refusal of the plaintiff-wife to have her examined by a lady doctor to see whether she is a virgo intacta or not cannot be taken to be a proof of the consummation of the marriage which should be proved by the defendant as a fact and should be decided on consideration of the entire evidence in the case." 8. S.2(vii) of the Act makes the position clear that a girl having been given in marriage by her father or other guardian when she was below fifteen years of age can repudiate the marriage before attaining the age of 18 years. This is subject to the previse that the marriage has not been consummated. In the present case the crucial question that has to be considered is as to whether the marriage between the plaintiff and the defendant was consummated after she had attained the age of 15 years. It is the evidence of P. W.1 that after the marriage she was taken to her husband's house in 1975 and she remained there for six or seven days and that she was taken again to his house in 1977 and that she remained there for two months. She deposed that she had not attained puberty during that time. As there is unassailable evidence that she was born on 30-4-1964 the irrefutable position is that she was only aged 13 years when she went to her husband's house in 1977 and remained there for two months. Her evidence is that thereafter she bad no occasion to go to her husband's house. Detailed cross-examination of P. W.1 has not brought out any materials to discredit her testimony She has given a very honest version before the Court. In view of the most reliable evidence given by P. W.1 the Sub Judge was not at all justified in held ing that the marriage was consummated. Detailed cross-examination of P. W.1 has not brought out any materials to discredit her testimony She has given a very honest version before the Court. In view of the most reliable evidence given by P. W.1 the Sub Judge was not at all justified in held ing that the marriage was consummated. He patently overlooked the position that even if there was any consummation of marriage in 1977 it could only have been at a time when she was below 15 years. Even if she had any intercourse with the defenders in 1977 it would not improve the case of the defendant as she was only aged 13 years then. 9. Having accepted Ext. A-1 and having held that the plaintiff was born on 30-4-1964 the Sub Judge was cot justified is holding that there was consummation of marriage after she had attained 15 years of age. The Evidence of D.Ws. 2 and 3 is absolutely unsatisfactory to be given any credence by any court of law. The learned Munsiff was justified in decreeing the suit. The Judgment and decree of the Sub Judge are set aside. Judgment and decree of the Munsiff are confirmed as the Second Appeal is allowed with costs throughout. Allowed.