Case BriefsSupreme Court

Supreme Court: The bench of NV Ramana and MM Shantanagoudar, JJ, on the issue relating to legality of the marriage of a Muslim man with an idolater or fireworshipper, said that such marriage “is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage.”

In the present case, the plaintiff had claimed his share in property of his Muslim father, who had married his Hindu mother. However, the defendants argued that the plaintiff’s mother was not the legally wedded wife of Mohammed Ilias and that she was a Hindu by religion at the time of marriage. She had not converted to Islam at the time of her marriage, and thus the plaintiff was not entitled to any share in the property in question.

The Court, however, after considering that the marriage in question was an irregular marriage, noticed:

“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.”

Based on the finding that any child born out of a fasid  marriage is   entitled   to   claim   a   share   in   his   father’s property, the Court held that the plaintiff was entitled to his share in his father’s property. [Mohammed Salim v. Shamsudeen, 2019 SCC OnLine SC 52, decided on 22.01.2019]

Case BriefsHigh Courts

Delhi High Court: The Bench of Sunil Gaur, J. upheld the order of the trial court directing DNA testing of the petitioner.

DNA testing was ordered to ascertain paternity of minor child whose right to claim maintenance was disputed by petitioner on the ground that he was not the natural father of the child in question.

Shalini Sharma, Advocate for the petitioner submitted that he disputed that he was married to Respondent 1 and there was no proof that the child in question was born from their wedlock.

The High Court relied on Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik, (2014) 2 SCC 576 where Supreme Court reiterated that DNA is an accurate test. In the present case, the Court noted that occasion to pass the impugned order arose while considering an application under Section 125 CrPC which requires payment of maintenance even to an illegitimate minor child. It was held that in such situation, conclusive proof of marriage could not be made the basis to repel the impugned order. The impugned order did not suffer from any infirmity and thus, the petition was dismissed. [Vijay Kumar v. Renu, 2019 SCC OnLine Del 6458, Order dated 08-01-2019]