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2019 Supreme(SC) 49

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
MOHAMMED SALIM (D) THROUGH LRS. – Appellant
Versus
SHAMSUDEEN (D) THROUGH LRS. – Respondent


Advocates Appeared:
For the Appellant : Mr.P.V.Dinesh, AOR Mr.T.P.Sindhu, Adv. Mr.Mukund P.Unny, Adv. Mr.Lakshman R.S., Adv. Mr.Bineesh K., Adv.
For the Respondent: Mr.S.C.Patel, AOR Ms.Meera Kaura, Adv. Mr.Tejas Patel, Adv. Mr.Rukhsar Khan, Adv. Mr.Ompal Shokeen, Adv. Mr.Hariom, Adv. Mr.Naveen Kumar Sherawat, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  • A public document, such as a birth register maintained by statutory authorities, is considered a relevant fact in legal proceedings (!) .

  • Under Muslim law, a marriage between a Muslim man and a woman of another religion, such as Hindu, is classified as neither valid (sahih) nor void (batil), but rather irregular (fasid). Children born from such a marriage are considered legitimate and have rights to inheritance (!) (!) .

  • The distinction between different types of marriages under Muslim law is clear: valid (sahih), irregular (fasid), and void (batil). An irregular marriage, even if consummated, confers legitimacy on children born from it, and such children are entitled to inheritance rights (!) (!) .

  • A fasid (irregular) marriage is characterized by certain irregularities, such as marriage without proper witnesses or prohibited relationships, but it is not unlawful in itself and does not render the offspring illegitimate. Such marriages can be terminated by either party, and the children are considered legitimate (!) .

  • The effect of a fasid marriage, if consummated, is that the wife is entitled to her dower, and the children are legitimate, but the marriage does not create mutual inheritance rights between the spouses (!) .

  • A void (batil) marriage is completely unlawful from the outset and does not produce any civil rights or obligations, and children from such marriages are considered illegitimate (!) .

  • The legal distinction between void (batil) and irregular (fasid) marriages is significant: void marriages are null and void from the beginning, whereas fasid marriages are irregular but do not invalidate the legitimacy of children born therefrom (!) .

  • The marriage of a Muslim man with a Hindu woman is classified as a fasid (irregular) marriage, not a valid or void marriage. Consequently, children born from such a marriage are legitimate and entitled to inheritance rights (!) (!) .

  • The law recognizes that children born out of a fasid marriage are legitimate, and the offspring of such unions have rights to inherit property, provided the marriage is recognized as a fasid marriage rather than void (!) .

  • The legal and doctrinal principles affirm that children born from a fasid marriage are entitled to inheritance, and such marriages do not affect the legitimacy of the children, even if the marriage itself is irregular (!) .

  • Overall, the courts were justified in concluding that the marriage in question was a fasid marriage, and the child born therefrom was legitimate and entitled to inheritance rights (!) (!) .

  • The appeal was dismissed, affirming that the legal position supports the legitimacy of children born from irregular (fasid) marriages between Muslim men and women of other religions, including Hindus (!) .


JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

The judgment dated 05.09.2007 passed in S.A. No. 693 of 1994 by the High Court of Kerala at Ernakulam is the subject matter of this appeal. By the impugned judgment, the High Court set aside the judgment of the District Court, Thiruvananthapuram dated 12.07.1994 passed in AS No. 264/1989 and restored the judgment and decree passed in O.S. No. 144/1984 by the Additional Sub Court, Thiruvananthapuram dated 17.07.1989.

2. The facts leading to this appeal are that a suit for partition and possession of 14/16th share in the Plaint Schedule ‘A’ property and half the rights over Plaint Schedule ‘B’ property was filed by the Respondent No. 1 herein (original plaintiff). Defendant No. 1 in the suit, Mohammed Idris, is the brother of Mohammed Ilias, the father of the plaintiff, and Defendant Nos. 2 to 7 are the children of Mohammed Idris. Both the plaintiff’s father and Defendant No. 1 are the sons of Zainam Beevi, who expired in 1955. Both Plaint properties belonged to her. Plaint Schedule ‘A’ property was gifted to Mohammed Ilias, based on a gift deed executed by Zainam Beevi.

The case of the plaintiff is that Defendant No. 8 namely Saidat, was the first






























































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