New Delhi: The Supreme Court on Tuesday said that the child of a Muslim man married to a Hindu woman was entitled to a share in the property as per the law.
A bench of Justice NV Ramana and Justice Mohan M Shantanagoudar gave the ruling while upholding the decision of the Kerala High Court.
The top court was adjudicating property dispute involving a man who was born out of a marriage between a Muslim man and his second wife, who belonged to the Hindu religion.
The bench explained that since Hindus are idol worshippers, which includes worship of physical images or statues through offering of flowers, adornment, etc, the marriage of a Hindu female with a Muslim male is not a regular marriage, but an irregular (fasid) marriage.
The top court said that Muslim law clearly distinguishes between a batil (void) marriage and a fasid (invalid/irregular) marriage.
“The effect of a batil (void) marriage is that it is void ab initio and does not create any civil right or obligations between the parties. So also, the offspring of a void marriage are illegitimate,” the bench said.
Additionally, the top court said that the legal effect of a fasid marriage is that in case of consummation, though the wife is entitled to get dower, she is not entitled to inherit the properties of the husband.
“But the child born in that marriage is legitimate just like in the case of a valid marriage, and is entitled to inherit the property of the father,” it added.
