Children born to Hindu-Muslim couple can claim right in father’s property

ANIMESH SRIVASTAVA 23/01/2019 13:25 PM


New Delhi, Jan 23: The Supreme Court on Tuesday said that in Islam, though the marriage of a Muslim man and Hindu woman is considered irregular described as “fasid”, the child born out of this marriage is legitimate and have a right to claim over the property of his father.

A bench of Justice Justice N.V. Ramana and Justice Mohan M Shantanagoudar observed, “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.”

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 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.”

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