Child born out of marriage between Muslim man and Hindu woman have claim over father’s property : Supreme Court

The apex court of the country, the Supreme Court said that although the marriage between a Muslim man and Hindu woman is an “irregular” marriage, which is described as “fasid” in Islamic law, the children born out this wedlock are in fact legitimate and therefore do have claim over the property of the father. The court made this verdict on

“The marriage of a Muslim man with an idolater or fire­worshipper 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,” observed the bench of Justice N.V. Ramana and Justice Mohan.M.Shantanagoudar in their judgment.

The top court said this upholding the plea by Mohammed Salim, who was born to Mohammed Ilias and Valliamma. The court described him as their legitimate child.