Child born out of irregular marriage is entitled to claim share in father’s property: SC

The Supreme Court of India recently clarified that the marriage of a Hindu female with a Muslim male is not a regular or valid marriage, but merely an irregular marriage and any child born out of such marriage is entitled to claim a share in his father’s property.

“….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”, the Court said.

“It would not be out of place to emphasize 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 Court added.

The Court mentioned that Muslim law clearly distinguishes between a valid marriage (sahih), void marriage (batil), and invalid/irregular marriage (fasid). “Thus, it cannot be stated that a batil (void) marriage and a fasid (invalid/irregular) marriage are one and the same. The effect of a batil (void) marriage is that it is void ab initio and does not create any civil right or obligations between the parties. So also, the offspring of a void marriage are illegitimate.”

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