JUDGMENT

This case raises interesting questions on Muslim law relating to Marriage, conversion, legitimacy and acknowledgment. Marriage at the Micro level (i.e) domestic level is the reflection of the relationship between parties and the legal incidents attached thereto. But at the Macro level it is an institution that forms the base of the family and the society.

2. Before embarking on the factual matrix of the case, I deem it fit to discuss the legal issues first. The concept of marriage, interfaith marriage, legitimacy and acknowledgment under Mohammedan law is discussed as a preclude to the legal issues arising therefrom .

httpsM://wawrwr.imahgc.etn .(gNov.iink/jaudhis) (250)

3. Marriage in Mohammedan law is a contract which has for its object the procreation and the legalising of children,.Principles of Mohammedan law by Mulla- 20th Edn.

4. The Supreme Court of Pakisthan in Khurshid Bibi Vs. Muhammad Amin, held that “among muslims, Marriage is not a sacrament, but is in the nature of civil contract”. The said Judgment speaks of Marriage to be in a nature of civil contract, but not purely a civil contract. Therefore as a Muslim marriage is in the nature of a civil contract, the ingredients of a valid contract like capacity to contract, proposal, acceptance and witnesses are necessary (see 251, 252)

5. There are three types of Marriages under Mohammedan law. They are Valid (Sahih), irregular (Fasid) and Void (Batil). Valid marriage is one which confirms to all the legal formalities and void marriage is one which has no legal sanctity and is still born.

Irregular (Fasid) marriage: (243 to 259)

The following marriages are considered as Irregular (Fasid) Marriage.

1.Marriage without witnesses.

2.Number of wives 5

3.Plurality of husbands

4.With a woman undergoing Iddat.

5.Marriage between Sunni and Shia.

6.Difference of Religion.

Effects of Irregular Marriage: (267)

https://www.mAhc.ntn .giorvr.eing/juudilsar Marriage may be terminated either before or after consummation by either party, by words forming an intention to separate. An irregular Marriage has no legal effect before consummation. If consummation takes place then:-

1) Wife is entitled to Dower. 2) She is bound to observe Iddat. 3) The issue of the Marriage is legitimate. But an irregular Marriage though consummated does not create mutual rights of inheritance between husband and wife.

When there is no direct proof of marriage, marriage can be presumed. (s.268). The presumption of marriage arises in the following situations.

1.Prolonged and continual cohabitation as Man and Wife.

2.Acknowledgment of Paternity by the man subject to the fulfillment of condition of a valid acknowledgment.

3.Acknowledgment by the man of the woman as his wife.

These are the basic legal concepts which are to be borne in mind for the examination of the facts and the issues involved in the case.

Backdrop of facts:

The facts of the case succinctly stated are as follows:

6. The suit was originally filed by the 1st plaintiff against 15 defendants of whom defendants 4 to 15 were tenants of various items of suit properties. In the course of the trial several parties died and their legal heirs were impleaded. The suit property originally had one schedule, but by an amendment the 2nd schedule of property was added. The plaintiffs case was that the suit properties were the properties of her deceased brother, Mohammed Mathar. Mohammed Mathar got some of the suit properties by succession and some others were purchased by him. Mohammed Mathar died issueless on 20.08.2001, leaving the 1st plaintiff and the 1st defendant as his only legal heirs. The 1^st plaintiff is the sister and the 1st defendant is the widow of Mohammed Mathar. According to the plaintiff the 2nd and 3rd defendants were the issues of one Mangala Devi, who joined the dance troupe of Samsudeen Rowthar, the father of the 1st plaintiff. The plaintiff stated that the said Mangala Devi was a dancer by profession and was kept as a mistress by her father. The plaintif