Mohammedan law Archives

Supreme Court sets aside Orissa HC judgment granting father custody of child living with aunt for 14 years; says ‘child not a chattel’

Supreme Court said that the fact that when custody of the child was handed over to the aunt , she was un-married, and is now married having two children will not be a deterrent for this Court to come to the conclusion that best interest of the child still remains with the aunt as the child is living with her ever since she was 3-4 months old.

Case Briefs High Courts

Bombay High Court grants guardianship to biological parents of a child born out of their illegitimate relationship

“If the prayers of the petitioners in the present petition are not considered favorably, it would create a situation where the respondent already having given up any claims towards the minor child, she would be deprived of the right to be taken care of and maintained by the petitioners, who are more than willing to take care of her needs, being the biological parents of the minor child.”

Case Briefs High Courts

Kar HC | Merely because second marriage is permissible in Mohammedan law it does not mean that right to marry a minor girl accrues; Bail denied inspite victim gave ‘no objection’

Karnataka High Court: K Natarajan, J., rejected the prayer for bail and dismissed the petition. The instant criminal petition was filed under

Case Briefs High Courts

Gau HC | If a marriage is first solemnised under the Special Marriage Act and later upon conversion to Islam, marriage is again solemnised under Mohammedan Law: Which law will prevail for dissolution of marriage? Court to consider

Gauhati High Court: Achintya Malla Bujor Barua, J., addressed a matter wherein a marriage took place under the Special Marriage Act, but the