Applying this doctrine, it has been held that an agreement between a husband and his wife, under which the husband authorises the wife to divorce herself from him in the event of his marrying a second wife without her consent, is a valid agreement. (Moharam Ali v. Ayesa Khatum, (1915) 19 Cal. W.N. 1226)
A enters into an agreement before his marriage with B, by which if is provided that A should pay Â Rs. 400 for dower on demand, that he should not beat or ill-treat her, that he should allow Â to be taken to her father’s house four times a year, and that if he committed a breach of any of the conditions, Â should have the power of divorcing herself from A.
Sometime after the marriage, Â divorces herself from A, alleging cruelty and non-payment of dower on demand. A then sues Â for restitution of conjugal rights. Is A entitled to succeed if B’s allegations are proved?
No. This is a clear case of tufweez. The divorce is vaild, and A is not entitled to restitution of conjugal rights. He will not succeed if B’s allegations are proved. (Hamidoola v. Faizunissa, (1881) I.L.R. Cal. 327)