Muslim-Hindu Couple's Child Can Claim Father's Property: Supreme Court
Wednesday, January 23, 2019 IST
The top court said this upholding the plea by one Mohammed Salim. He was born to Mohammed Ilias and Valliamma, and court described him as their legitimate child.
NEW DELHI: The Supreme Court on Tuesday said that although the marriage between a Muslim man and Hindu woman is an irregular marriage, described as "fasid" in Mohamadan law, the children born out this wedlock are legitimate and have claim over the property of the father.
"The marriage of a Muslim man with an idolater or fireworshipper is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage. Any child born out of such wedlock (fasid marriage) is entitled to claim a share in his father's property," observed the bench of Justice N.V. Ramana and Justice Mohan M. Shantanagoudar in their judgment.
Upholding an order of the trial court and that of the Kerala High Court, Justice Shantanagoudar speaking for the bench said: "It would not be out of place to emphasise at this juncture that since Hindus are idol worshippers, which includes worship of physical images/ statues through offering of flowers, adornment, etc., it is clear that the marriage of a Hindu female with a Muslim male is not a regular or valid (sahih) marriage, but merely an irregular (fasid) marriage."
The top court said this upholding the plea by one Mohammed Salim. He was born to Mohammed Ilias and Valliamma, and court described him as their legitimate child.
Having held that a child born out of Hindu mother and Muslim father is legitimate and has claim over the property of father, the court said: "The position that a marriage between a Hindu woman and Muslim man is merely irregular and the issue from such wedlock is legitimate has also been affirmed by various high courts."
Related Topics
Trending News & Articles
While the Uttarakhand High Court has asked to block 857 websites, the Ministry of Electronics and IT (Meity) found 30 portals without any pornographic content.
...
Recently posted . 64K views . 1 min read
The four boys as well as five school officials, including the director and principal, were arrested after the incident. The minors were presented before the Juvenil...
Recently posted . 9K views . 1 min read
Rahul was having an Italian passport and was carrying suitcase full of dollars. Some say it was about was it $2 million.
Rahul and his girl friend was th...
Recently posted . 9K views . 7 min read
True – Tr...
Recently posted . 8K views . 83 min read
More in National
The Modi government and the military have gone into ‘denial’ about loss of territory, attributing the present situation to differing perceptions about...
Recently posted. 678 views . 1 min read
Recently posted. 655 views . 4 min read