Under Mohammedan Law Option of puberty is a right available to repudiate a woman’s marriage—if it occurred while she was a minor, which include a marriage contracted for her by her father or grandfather. A boy or girl who has not attained puberty is not competent to enter into a contract of marriage, but he or she may be contracted in marriage by his or her guardian.
The 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 becoming sui juris/major.
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.
