india

Updated: Jan 23, 2019 07:00 IST

Coming to the help of a man born out of a wedlock between a Muslim man and a Hindu woman, the Supreme Court on Tuesday said that any child born out of such wedlock is legitimate and entitled to claim a share in his father’s property.

A bench of justices N V Ramana and Mohan M Shantanagoudar held that “the marriage of a Muslim man with an idolater or fire-worshipper is neither a valid nor a void marriage, but is merely an irregular marriage. And a child born out of such irregular marriage is entitled to claim a share in his father’s property.”

Delivering the verdict the bench held that “the plaintiff was born out of an irregular marriage... he is the legitimate son of Mohammed Ilias, and consequently is entitled to inherit shares claimed in his father’s estate.”

Clearing the air surrounding the rights of a woman in a Muslim–Hindu irregular marriage, the court 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 in that marriage is legitimate just like in the case of a valid marriage, and is entitled to inherit the father’s property.”

The court delivered the verdict while hearing a property dispute case between Shamshudeen, born out of marriage between a Muslim man and a Hindu woman, and his cousins.

The appeal in the Supreme Court filed by Shamshudeen’s cousins argued that his mother was not legally wedded to Mohammed Ilias and that she was a Hindu by religion at the time of marriage.