Want to share with your friends too?

India
23 Jan 2019

Child of Muslim-Hindu couple entitled to father's property: SC

The Supreme Court on Tuesday ruled that a child born out of a marriage between a Muslim man and Hindu woman is legitimate and has rights on the father's property.

The apex court noted that such a marriage is neither valid nor void but an 'irregular' one.

The verdict was delivered by a bench of justices NV Ramana and Mohan M Shantanagoudar.

Here's more.

In context

Muslim-man, Hindu-wife's child has rights on father's property
Shamsudeen staked claim on his father's property, his cousins disagreed

The case

Shamsudeen staked claim on his father's property, his cousins disagreed

The apex court was hearing a petition filed by one Shamsudeen. He was born out of a marriage between a Muslim man, Mohammed Ilias, and Hindu woman, Valliamma.

While Shamsudeen claimed share on his father's property, his cousins opposed. They said his mother was a Hindu, hence the marriage was void.

Notably, the trial court and Kerala High Court had given a verdict in Shamsudeen's favor.

Laws

Hindus are idol worshippers but marriage isn't void: SC

The court delved deep into Mohammedan law for this case. It emphasized that Hindus are idol worshippers and their prayers include offering flowers and other adornments to statues.

Further, it said a marriage of an idolater or fire­worshipper with a Muslim man was neither valid (sahih) nor void (batil), but irregular.

The SC noted observations of lower courts were completely 'justified'.

Love India news?

Stay updated with the latest happenings.

Notify Me

Verdict

SC clarifies Hindu wife isn't entitled to Muslim husband's properties

The bench also cleared air around Hindu-Muslim marriages.

It said, "The legal effect of an 'irregular marriage' is that in case of consummation, though the wife is entitled to get dower, she is not entitled to inherit the husband's properties."

But the child born out of the marriage is legitimate and has to be given a share in the father's property, specified the court.

Ask NewsBytes
User Image

Most asked questions

What does the court's verdict on Hindu-Muslim couple's child mean?

What was the case which the court was hearing?

Is a marriage between a Hindu woman and Muslim man valid?

Can a Hindu wife stake claim on her Muslim husband's property?

More questions

What does the court's verdict on Hindu-Muslim couple's child mean?

Asked on 23-01-2019 by Rishika Mehta

Answered by NewsBytes

The Supreme Court said that a child born out of a marriage between a Hindu woman and a Muslim man is legitimate and has rights on his father's property.

What was the case which the court was hearing?

Asked on 23-01-2019 by Ishan Subramanium

Answered by NewsBytes

The court was hearing a plea filed by one Shamsudeen. His cousins opposed his claim on his father's property saying his mother was a Hindu.

Is a marriage between a Hindu woman and Muslim man valid?

Asked on 23-01-2019 by Amit Chatterjee

Answered by NewsBytes

The apex court said marriage between a Muslim man and Hindu woman isn't valid or void, but it is irregular.

Can a Hindu wife stake claim on her Muslim husband's property?

Asked on 23-01-2019 by Vivaan Tambe

Answered by NewsBytes

No. The court ruled the woman is entitled to a dower but can't stake a claim on her husband's property.

Next Timeline