Muslim Law
- Mst. Atika Begum v. Mohd. Ibrahim, AIR 1916 PC 250
Age of puberty: Privy Council laid down that a girl becomes major on happening of either of two events:
(i)Completion of 15 year, or
(ii) Attainment of puberty at an early period.
- Abdul Kadir v. Salima (1886) ILR 8 All. 149
Dower is a sum of money or other property promised by the husband to be paid or delivered to the wife in consideration of marriage and even where no dower is expressly fixed, the law confers the right of dower upon the wife as necessary effect of marriage. (Justice Mahmood).
- Shayara Bano v. Union of India (2017) 9 SCC1
Supreme Court of India declared the practice of Triple Talaq as unconstitutional. It was held that this form of Talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it. This form of Talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution of India. The court held that triple talaq is not fundamental to Islam.
- Bai Tahira v. Ali Hussain, AIR 1979 SC 362
Supreme Court held that a divorced Muslim wife is entitled to maintenance even if she has already received the whole amount due under her personal law.
- Mohd. Ahmad Khan v. Shah Bano Begum, AIR 1985 SC 945
Section 125 is independent of any personal law and it is of secular nature. It was held in that Section 125 of CrPC applies to divorced Muslim woman unless she remarries. Supreme Court held that there is no conflict between Section 125 and Muslim personal law. The court observed that Muslim personal law limits the liability of husband to maintain the divorced wife till the period of iddat.
- Danial Latifi and others v. Union of India, (2001) 7 SCC 740
Constitutionality of The Muslim men (Protection of Rights on Divorce Act), 1986 Act was challenged. Supreme Court upheld the constitutional validity of the Act and held the following:
(1)The liability of Muslim husband towards the divorced wife to maintain her is not confined to iddat period. It extends to the whole life of divorced wife unless she marries again.
(2) The former husband must make a reasonable provision (which would extend even beyond the period of iddat) for the future of divorced wife within the period of iddat. (3) The Act is not in contravention of Articles 14, 15 and 21 of the Constitution of India.
- Mohammed Salim v. Shamsudeen & Ors. (2019) 4 SCC 130
The Supreme Court held that a child born out of a marriage between a Muslim man and his Hindu wife is entitled to claim a share in his father’s property. The Court held that the marriage of a Muslim man with an idolater or fire-worshipper is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage.
