New Delhi: The Supreme Court on Tuesday said that the children born to a Hindu wife and a Muslim father have claim over the property of the father as the children born out this wedlock are legitimate. Mentioning that the marriage between a Muslim man and Hindu woman is described as “fasid” in Mohamadan law, the bench of Justice N.V. Ramana and Justice Mohan M. Shantanagoudar in their judgment observed that “The marriage of a Muslim man with an idolater or fire¬worshipper is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage. Any child born out of such wedlock (fasid marriage) is entitled to claim a share in his father’s property.”
As reported by NDTV, Justice Shantanagoudar who was speaking for the bench upheld an order of the trial court and that of the Kerala High Court, and said: “It would not be out of place to emphasise at this juncture that since Hindus are idol worshippers, which includes worship of physical images/ statues through offering of flowers, adornment, etc., it is clear that the marriage of a Hindu female with a Muslim male is not a regular or valid (sahih) marriage, but merely an irregular (fasid) marriage.”
The apex court upheld the plea by one Mohammed Salim, who was born to Mohammed Ilyas and Valliamma, and described him as their legitimate child.