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Child Born Out Of Marriage Between Muslim Man And Hindu Woman Entitled To demand His Father's Property

Team SoOLEGAL 23 Jan 2019 4:30pm

Child Born Out Of Marriage Between Muslim Man And Hindu Woman Entitled To demand His Father's Property

In reference of a judgment, the SC held that a child born out of a marriage between a Muslim man and his Hindu wife is entitled to claim a share in his father's property. The two judge’s bench comprising of Justice NV Ramana and Justice Mohan M. Shantanagoudar stated that the marriage of a Muslim man with an idolater or fire-worshipper is neither a valid nor a void marriage, but is merely an irregular marriage.

An appeal was considered by the bench against a Kerala HC judgment that upheld trial court finding that the plaintiff is the legitimate son of couple Mohammed Ilias and Valliamma, and is permitted to his share in the property as per law.

Overcoming these judgments, Senior Advocate Guru Krishnakumar, who appeared for the defendants, stated that since Valliamma was a Hindu by religion, she would not have any right over the property of Mohammed Ilias and accordingly the plaintiff would not get any share in the property of Mohammed Ilias.

Child born outside of wedlock or born of a batil marriage is not legitimate. As per referring to the texts, including Mulla's Principles of Mahommedan Law and Syed Ameer Ali's Principles of Mahommedan Law, held that the Muslim law clearly distinguishes between a valid marriage (sahih), void marriage (batil), and invalid/irregular marriage (fasid).

The court said: "Therefore, it cannot be held that a batil marriage and a fasid marriage are one of the same kinds. The consequence of a batil marriage is void ab initio and does not create any civil right or obligations between the parties, and also the offspring of a void marriage are illegitimate."

The court also stated that the child of a couple whose marriage is fasid, under Muslim law will be legitimate and only that child born outside of wedlock or born of a batil marriage is not legitimate.

Marriage Between Muslim Man and Hindu Woman Merely Irregular Upholding the view expressed by the HC and hence, the bench observed: "We conclude that the marriage is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage. Any child born out of such wedlock is entitled to claim a share in his father's property. It would not be out of place to highlight at this juncture that since Hindus are idol worshippers, which includes worship of physical images through offering of flowers, adornment, etc.



Tagged: SC   WOMAN   HINDU WOMAN   MUSLIM MAN   CHILD RIGHTS   BATIL   WEDLOCK   SAHIH   FASID  
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