Hindu women cannot claim property rights from Muslim Husband

A Hindu women who marry a Muslim Male is invalid, Supreme Court declares law in Mohamed Salim Case on 22/1/2019. The Kerala Girl Valliamma who married Mohammed Illias and gave a bith to a male child Samsudeen, who subsequently married Aliyarkunju after his death. The supreme court denied Valliamma as a legal heir of Illias. The SC citing the mohamedan law which states as “ A Mahomedan male may contract a valid marriage not only with a Mahomedan women, but also with a Kitabia, that is, a Jewess or a Christian, but not with an idolatress or a fire worshipper. A Marriage however, with an idolatress or a fire worshiper, is not void, but merely invalid.” Supreme court has not cleared whether a invalid marriage which exists for a long years can be validated under law. But SC has stated that the person who claims wife status under an invalid marriage cannot obtain legal heir status as wife. And the property of the Muslim male husband don’t devolve to the wife under invalid marriages. But Supreme Court has approved the children’s are given legitimate status and who were born under the invalid marriage can be treated as legal heirs for the purpose of the property. The position that a marriage between a Hindu woman and Muslim man is merely irregular and the issue from such wedlock is legitimate has also been affirmed by various High Courts. (Aisha Bi v. Saraswathi Fathima, (2012) 3 LW 937 (Mad), Ihsan Hassan Khan v. Panna Lal, AIR 1928 Pat 19). The marriage of a Muslim man with an idolater or fire ¬worshipper is neither a valid nor a void marriage, but is merely an irregular marriage. Any child born out of such wedlock is entitled to claim a share in his father’s property. 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 marriage, but merely an irregular marriage. The Authour K.P.Satish Kumar M.L. is the Advocate in Madras High Court By Team Daniel & Daniel Join Our Whattsapp Group @ 9840802218

NCW is a Lame Duck or Legal Guardian for women.

NCW is a Lame Duck or Legal Guardian for women. Suo motto notice in Mayavathi case to UP MLA Sadhana Singh by the National women commission for the defamatory remarks makes the nation to watch the powers of the NCW. Is NCW is the super power to protect the women’s rights or only opinion makers in the crime against women. NCW is only created for the recommendations of welfare of the women’s. But the Act also gives some powers to receive complaints from the women’s. The question is whether a effective remedy is available to women or mere a eye washer. NCW rejects the following complaints from the very nature of filing a complaint i) Vague and anonymous complaints ii) Civil Disputes iii) Service, labour/industrial disputes not involving any deprivation of women’s rights iv) Matter pending in Court Only the commission can handle the cases pertaining to 1.deprivation of women’s rights; 2. non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development; 3.non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities; In the case of Mayavathi is the matter of defamation made by the MLA. Even though the NCW finds guilt on the part of the MLA, the NCW has no power to punish the MLA. It can only recommend the proper authorities to take action on it. A question rises why can’t a person directly approach the proper authority for legal remedy without wasting time in NCW. The Indian legislation should give more powers to the NCW with the power of Punishing the accused. Unless NCW only act as paper worker not as a protector for women’s. Authour K.P.Satish Kumar M.L. Advocate High Court Madras By Team Daniel & Daniel Join Our Whattsapp Group 9840802218.

How to Divorce for Muslim Male - Helpline 9962999008

Three year imprisonment for pronouncing Talaq and no bail to the husband until the wife gives consent for the bail not only makes the Muslim male in turmoil but Muslim males have no law for divorce right now. How can a Muslim men can divorce right now in India. What is the solution for them. The family court of Chennai is entertaining divorce petition from Muslim in the Suit format but it also places a hurdle that the maintainability of the suit is decided on the trial only by the presiding Judge. The Indian Government has not said that any other format of Talaq is valid and the court also not discloses whether the Declaration suit for Divorce is valid. I Don’t know why the entire Muslim community is keeping quiet when there is a lawlessness situation for Muslim men in case of Divorce and matrimonial dispute when the female counterparts are protected with the Divorce and Matrimonial laws. Whether the lawmakers doesn’t see this a gender inequality. After the implementation of The Muslim Women (Protection of Rights on Marriage) Act, 2019 ,Where the new law makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal. It defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. Now Pronouncing talaq was made as a cognizable offence, attracting up to three years imprisonment with a fine. (A cognizable offence is one for which a police officer may arrest an accused person without warrant.) The offence will be cognizable only if information relating to the offence is given by: (i) the married woman (against whom talaq has been declared), or (ii) any person related to her by blood or marriage.) The Law provides that the Magistrate may grant bail to the accused. The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail. A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children. The manner of custody will be determined by the Magistrate. In Chennai the Principal Family court has took a decision to try the Muslim Male divorce case by the family court and even the maintainability should be decided by the family court. It is unsolvable question whether the grounds of divorce is according to the Muslim personal law or not. The Author K.P.Satish Kumar M.L. is the leading Lawyer in Madras High Court Join our Whattsapp Group @ 9840802218.