Lawstreet Journal

Marriage Of Hindu Woman And Muslim Man Irregular; Child Born Is Legitimate: SC [Read Judgment]

Lawstreet Journal 7 Oct 2019 5:52am

Image courtesy: Lawstreet Journal Judiciary Marriage Of Hindu Woman And Muslim Man Irregular; Child Born Is Legitimate: SC [Read Judgment]

The Supreme Court on January 22, 2019, in the case of Mohammed Salim & Ors. v. Shamsudeen & Ors., has held that a marriage of a Hindu woman with a Muslim man is not a "regular or valid" but the child born out of such wedlock is legitimate.

A Division Bench comprising of Justices N.V. Ramana and M.M. Shantanagoudar said that the legal effect of such an irregular marriage is that a wife is entitled to get dower but cannot inherit the husband's property.

The Bench held that the child born in an irregular marriage is legitimate just like in the case of a valid marriage and is entitled to inherit the property of the father.

The ruling was passed by the Bench while hearing an appeal filed against the judgment passed by the Kerala High Court wherein it held that the son of a couple - Mohammed Ilias and Valliamma (who was Hindu at the time of marriage)- was legitimate and was entitled for share in his father's property according to law.

After hearing both the parties, the court dismissed the appeal concluding that “the marriage of a Muslim man with an idolater or fire worshiper is neither a valid nor a void marriage, but is merely an irregular marriage. Any child born out of such wedlock is entitled to claim a share in his father's property."

The court said that since Hindus are idol worshippers, which includes worship of physical images or statues through offering of flowers and adornment, it is clear that the marriage of a Hindu female… Continue Reading...

Tagged: supreme court in india  
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