New Delhi sources reported that a marriage of a Hindu woman with a Muslim man is not a “regular or valid” but the child born out of such wedlock is legitimate, the Supreme Court on Tuesday. It also said that the legal effect of such an irregular marriage is that a wife is entitled to get dower but cannot inherit the husband’s property.
Meanwhile the court held that the child born in an irregular marriage is legitimate just like in the case of a valid marriage and is entitled to inherit the property of the father. Furthermore it said “the legal effect of an irregular 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.”
Moreover the court said that on other hand the effect of a void marriage is that it does not create any civil right or obligations between the parties and the children born out of such wedlock are illegitimate. Apparently the bench said that under Muslim law, a marriage is not a sacrament but a civil contract and there are three types of marriage valid, irregular and void.
