Mohammed Salim Through Lrs. & Ors. vs Shamsudeen (D) Through Lrs - Important Supreme Court Judgment 2019

Mohammed Salim Through Lrs. & Ors. vs Shamsudeen (D) Through Lrs. & Ors Important Supreme Court Judgment decided On 22nd January, 2019

In the case of Mohammed Salim Through Lrs. & Ors. v. Shamsudeen (D) Through Lrs. & Ors [Civil Appeal No. 5158 of 2013], the question for consideration was whether plaintiff-respondent, a boy child born out of wedlock of a Muslim man (Mohammed Ilias), and a Hindu woman (Valliamma) who did not convert to Islam at the time of marriage, was entitled to any share in the property of the said Mohammed Ilias subsequent to his death.

The Supreme Court held that “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” and “any child born out of such wedlock (fasid marriage) is entitled to claim a share in his father’s property.” The Court emphasised 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.”

It was held that “irrespective of the word used, the legal effect of a fasid marriage is that in case of consummation, though the wife is entitled to get dower, she is not entitled to inherit the properties of the husband. But the child born in that marriage is legitimate just like in the case of a valid marriage, and is entitled to inherit the property of the father.”

In this view of the matter, it was held that “the trial Court and the High Court were justified in concluding” that the plaintiff-respondent “is the legitimate son of Mohammed Ilias and Valliamma, and is entitled to his share in the property as per law.”