In a captivating building, the Gauhati high court has dominated that the particular Marriage Act, 1954 doesn't store the second marriage of a Muslim man with a Hindu lady and as such, it would be invalid, a court docket professional spoke of on Tuesday (14 September).
in accordance with a excessive courtroom order, one Dipamani Kalita, mother of a 12-yr-ancient boy and second wife of Sahabuddin Ahmed, had prior filed a writ petition in the courtroom after the authority had rejected her declare of pension and other pensionary merits after her husband's demise in a highway mishap in July 2017.
The writ petition was filed in 2019 below Article 226 of the constitution of India.
Ahmed on the time of his dying was serving as a 'Lat Mandal' in the Deputy Commissioner's office in Kamrup (Rural) district.
Gauhati excessive court docket decide Justice Kalyan Rai Surana referred to that area 4 of the special Marriage Act, 1954 provides that probably the most conditions regarding the solemnisation of particular marriages is that neither birthday celebration has a companion living.
"It is not in dispute that on the date of marriage between the petitioner and late Sahabuddin Ahmed, the latter had a significant other residing... There isn't any doc displaying that the prior marriage of the husband of the petitioner with respondent No. 6 (first wife) had been annulled," the court docket said.
regarding a Supreme court judgment, the judge noted, "It looks that below the principles of Mohammedan legislation, the wedding of a Muslim man with an idol worshiper is neither legitimate nor a void marriage, however is in simple terms an irregular marriage."
The court docket said as per part 22 of the ideas of Mohammedan law with the aid of Mulla (20th edition), the ability of marriage pertains to each Mohammedan of sound mind who had entered into the contract of marriage.
"The petitioner not being a Mohammedan, the marriage would now not be a marriage without strict that means of the Mohammedan legislations. within the existing case in hand, it is seen that the petitioner become not married as per the conventional Mohammedan law, however she was married beneath the particular Marriage Act, 1954 and that the provisions of area four(a) of the stated Act renders the wedding as void...
"furthermore, the petitioner remains the usage of her Hindu identify and there's nothing on listing to display that the petitioner had accredited the religion of Islam as her religion," the 15-web page court order mentioned.
The courtroom pushed aside the writ petition but dominated that below the law, the petitioner's minor son would nevertheless be entitled to his share of pension and other pensionary benefits.
"for that reason, it would be open to the petitioner to open a bank account in the identify of her minor son and the petitioner may additionally record her identify as mom and herbal guardian of her son," the court order spoke of.
therefore, the court docket is inclined to direct the the Deputy Commissioner of Kamrup (Rural) district to make a inspiration for pension and other pensionary benefits by using offering for a share of the pension by reason of late Sahabuddin Ahmed to Priyanku Parash, the son of the petitioner Dipamani Kalita and late Sahabuddin Ahmed.
(This story has been posted from a wire company feed devoid of modifications to the text. only the headline has been changed.)
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