AIR 2008 KERALA 59 ::2008 (2) All LJ NOC 391 ::2008 (1) AJHAR (NOC) 273 (KER) ::2008 AIHC NOC 219 ::(2009) 1 MarriLJ 104 ::(2009) 2 MarriLJ 345 ::(2008) 1 HinduLR 410 ::(2008) 2 CivilCourtC 576 ::(2008) 2 RecCivR 111(2) ::(2008) MatLR 448 ::(2008) 1 Ker LJ 260 ::(2008) 2 Ker LT 388

Kerala High Court

Hon'ble Judge(s): M. Sasidharan Nambiar , J

(A) Mohammedan Law - Marriage of Muslim male with Hindu woman - Not void but invalid/Fasid as Muslim male cannot contract marriage with idolatrees or fire worshipper - Marriage being not void the child born to them is legitimate and entitled to inherit properties of father. As Mohammedan Law clearly distinguishes between a valid marriage (sahib) void marriage (batil), an invalid/irregular marriage (fasid) it cannot be stated that a batil (void) marriage and a fasid (invalid/irregular) marriage is the same. Effect of batil (void) marriage is that it is void and does not create any civil rights or obligations between the parties. So also the offspring of a void marriage are illegitimate. Therefore the marriage of the Hindu woman with Muslim male cannot be a void marriage but only a fasid marriage. When the offspring of a batil marriage is illegitimate, it is not the case with a fasid marriage. The offspring is legitimate. Though the wife if there was consummation, is entitled to get dower, is not entitled to inherit to the properties of the husband and she has no case that after marriage she was converted to Islam and under Mohammedan Law, even after consummation a fasid marriage does not create mutual rights of inheritance between the parties. But the child born in that marriage is legitimate just like the case of a valid marriage, and is entitled to inherit ....