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Supreme Court of India 2019-01-22 dismissed

Mohammed Salim (D) Through Lrs. & Ors vs Shamsudeen (D) Through Lrs. & Ors

Bench: 2 — Mohan M. Shantanagoudar

In Brief

A Muslim man (Mohammed Ilias) married a Hindu woman (Valliamma) who had not converted to Islam. They lived together as husband and wife, and a child (the plaintiff) was born two months before the father's death in 1949. The father's brother and his descendants contested the plaintiff's inheritance claim. The courts held that while a Hindu-Muslim marriage is irregular under Islamic law, children born from such a consummated marriage are legitimate and inherit like children of valid marriages. The Supreme Court affirmed this, dismissing the appeal and confirming the plaintiff's right to inherit from his father's estate.

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Hindu-Muslim Marriage Law Legitimacy Muslim Law Inheritance Family Law Indian Evidence Act

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