Act/Law wise: Judgment of Supreme Court of India

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Mahomedan Law/ Muslim Law/ Principles Mohammedan Law (India)
Section/Order/Article/Rule/Regulation Head Note
Section 347

Adopted son–
It is a settled principle of Mohammadan Law that Mohammadan Law does not recognize adoption (see-Section 347 of Mulla Principles of Mahomedan Law, 20th Edition page 430). .....Dagadabai =VS= Abbas, (Civil), 2017 (2)– [3 LM (SC) 14] ....View Full Judgment

Children born out of Irregular Marriage legitimate in Muslim Law– A marriage between a Hindu woman and Muslim man is merely irregular that the plaintiff is the legitimate son of Mohammed Ilias and Valliamma, and is entitled to his share–
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. 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. Plaintiff is the legitimate son of Mohammed Ilias and Valliamma, and is entitled to his share in the property as per law. The High Court was also justified in modifying the decree passed by the trial Court and awarding the appropriate share in favour of the plaintiff. No issue has been raised before us relating to the quantum of share. ...Mohammed Salim =VS= Shamsudeen, (Civil), 2019 (1) [6 LM (SC) 61] ....View Full Judgment