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Child born in Muslim-Hindu marriage can claim father's property: SC

The apex court said this upholding the plea by Mohammed Salim, born to Mohammed Ilias and Valliamma, court described him as their legitimate child.

Saima Siddiqui

Saima SiddiquiBy Saima Siddiqui

Published on 23 Jan 2019 4:45 AM GMT

Child born in Muslim-Hindu marriage can claim fathers property: SC
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New Delhi: The Supreme Court on Tuesday validated the legitimacy and rights of children born in a wedlock between a Muslim man and Hindu woman, though it is described as "fasid" an irregular marriage in Mohamadan law, to 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," the bench consist of Justice N.V. Ramana and Justice Mohan M. Shantanagoudar stated 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 worshipers, 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 apex court said this upholding the plea by Mohammed Salim, born to Mohammed Ilias and Valliamma, court described him as their legitimate child.

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."

The Top court not only validated the legitimacy of a child, born in an irregular marriage between Hindu mother and Muslim father but also upheld his rights over his father's property.

Saima Siddiqui

Saima Siddiqui

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