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Supreme Court of India 2019-01-22 dismissed

MOHAMMED SALIM (D) THROUGH LRS vs SHAMSUDEEN (DEAD) THROUGH LRS

Bench: 2 — N.V. Ramana, Mohan M. Shantanagoudar

In Brief

A Muslim man (Mohammed Ilias) married a Hindu woman (Valliamma), who took the name Souda Beebi. Their son, the respondent, was born two months before his father's death in 1949. The defendants argued the child was illegitimate and entitled to no share in the father's estate because the mother was not Muslim at marriage. The Supreme Court held that under Muslim law, a marriage between a Muslim man and a Hindu woman is 'irregular' (fasid), not 'void.' Children born from consummated irregular marriages are legitimate and inherit normally. The appeal was dismissed."

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Muslim Law Family Law Succession Legitimacy Inter-religion Marriage Inheritance

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