Category: Marriage

The following topics are discussed below:1. Revocation of Muslim wills2. Lapsing of legacies ADVERTISEMENTS: 3. Abatement of legacies4. Devolution of inheritance5. Position of an executor of a Muslim will6. Probate of a Muslim will, when necessary ADVERTISEMENTS: 7. Alienation by an heir of his share before payment of debts8. Validity of alienation of the whole property for payment of debts9. Decree against an heir, if binding on other heirs10. Difference between Shia and Sunni law of wills. Image Source: growingfaithathome.files.wordpress.com ADVERTISEMENTS: 1. Revocation of Muslim Wills: A will is, by its very nature, revocable. A testator may, therefore, at any time, revoke his will expressly or tacitly. Thus, when the testator destroys the subject-matter of his bequest, or completely alters its nature, or transfers it to another person, revocation may…

Gifts (hiba), in Muslim law, are of the following four kinds:1. Sadaquah2. Hiba-bil iwaz ADVERTISEMENTS: 3. Hiba-ba-shart-ul-iwaz4. Areeat Image Source: 2.bp.blogspot.com 1. Sadaquah: Where the object of the donor is to acquire merit in the eyes of the Lord and a recompense in the next world, the gift is called Sadaquah. It is a gift with a religious motive. Like hiba, it is not valid unless accompanied by delivery of possession. Unlike hiba, it cannot be revoked, the reason being that the object of such a gift is acquisition of religious merit and that has already been acquired. ADVERTISEMENTS: Sadaquah is a transfer of property or rights in all respects like a hiba, except that —1. In the case of hiba, the object is to manifest affection towards the donee,…

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which…

Adultery:1. Adultery is defined in Section 497 of the Indian Penal Code. ADVERTISEMENTS: 2. In adultery, there is sexual intercourse with the wife of another person without his consent or connivance of such person.3. If sexual intercourse is done with wife with the consent of the husband, it is not an offence. image source: tabor330.files.wordpress.com4. In adultery, wife is not punished, even though she is also an active and consenting participant in sexual intercourse.5. This Section applies to all religions alike. ADVERTISEMENTS: 6. Punishment: Imprisonment for 5 years or fine or with both.Bigamy:1. Bigamy is defined under Section 494. Concealment of the first marriage and preparing for second marriage is explained in Sec. 495.2. The offence of bigamy consists in marrying second spouse in the life time of the wife…

Sections 76 and 79 of Chapter-IV (General Exceptions) of the Indian Penal Code, 1860 explain the provisions about “Mistake of Fact” and “Mistake of Law”. These provisions are based upon the common law maxim “Iqnorantia facti doth excusat; Ignorantia juris non excusat.” (Ignorance of fact is an excuse, but ignorance of law is not excused.) image source: i.ytimg.comMistake of fact is a good defence in criminal law, which is explained in two Sections 76 and 79. Both of these Sections are included in General Exceptions (Chapter-IV). ADVERTISEMENTS: Meaning: Mistake:An unconscious ignorance or forgetfulness of a fact, past or present, material to the contract, or a belief in the present existence of a thing material to the contract, which does not exist; some intentional act, omission, or error arising from ignorance,…

“Actus non facit reum nisi mens sit rea” is the famous English maxim of criminal law. This maxim means “The act itself does not constitute guilt unless done with a guilty mind.” This maxim is popularly known as “Mens Rea”. Mens Rea means “III Intention”. image source: i.ytimg.comMens Rea is a well settled principle of common law in England. In every statutory offence, Mens Rea is an essential ingredient. It is presumed that the wrong-doer did the offence with an ill intention. The prosecution must prove the ill intention (Mens Rea) of the accused to prove the offence committed. ADVERTISEMENTS: Only in the cases, where the applicability of Mens Rea is excluded by the Statutes, then only it can be exempted. Only in few exceptional circumstances the Doctrine of Mens…

The term woman’s estate in its larger connotation means all property which has come to a woman by any means and from any source whatsoever, and in­cludes both property in which she has absolute estate (Stridhan) and property in which she has only a limited interest The term “woman’s estate” in this chapter is used only in the latter sense of property in which she takes only a limited or qualified interest. Such property is either property inherited by a woman or property which has been allotted to her in a partition to her husband’s family [Devi Mangal Prasad v. Mahadeo Prasad, 34 I.A. 234]. Image Source: hinduism1om1.files.wordpress.com ADVERTISEMENTS: It was only in the Stridhan property that a female had a full right. But acquisitions by way of Stridhana property…

1. Under the Sunni law, a marriage contracted in the absence of witnesses is invalid. Under the Shia law, the presence of witnesses is not necessary.2. A Sunni Muslim can marry not only a Muslim woman, but also a Kitabia i.e. a Jewess or a Christian. However, under Shia law, a marriage between a Muslim male and a non-Muslim female is unlawful and void.3. A Sunni Muslim cannot marry his wife’s aunt or his wife’s niece (on the ground of unlawful conjunction). However, a Shia Muslim can marry his wife’s aunt; he can even marry his wife’s niece, but only with his wife’s permission. Image Source: mustbethistalltoride.files.wordpress.com ADVERTISEMENTS: 4. Under Sunni law, marriages may be void, or they may be irregular. The Shia law, however, does not recognise this distinction…

The place of the different enactments authorising and regulating the application of Muslim law to Muslims in the different States of India is now taken by the Muslim Personal Law (Shariat) Application Act, 1937. The object of the Act is, as its Preamble states, “to make provision for the application of the Muslim Personal Law (Shariat) to Muslims in India.” The Act came into force on 7th October, 1937.Under this Act, it is provided that, notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females (including personal property inherited or obtained under contract or gift or any other provision of personal law), marriage, dissolution of marriage, including talaq, ila, zihar, Han, khula and mubara’at, main­tenance, dower,…

On conversion to Islam, converts, no matter what their previous religion may have been, must be taken, at that moment, to have renounced their former religion and personal law, and to have substituted, in its place, the Muslim religion and so much of the personal law as necessarily flows from that religion. (Advocate-General of Bombay v. Jimbabai, I.L.R. (1917) 41 Bom. 181)Thus, an Indian Christian domiciled in India can, after his conversion to Islam, legally contract a second marriage with a Muslim woman while his former marriage with a Christian woman is still subsisting. (John Jiban Chandra Datta v. Abinash, I.L.R. (1932) 2 Cal. 12)But, if the first marriage was contracted in England under English form, during its subsistence, the second marriage would be regarded as a nullity. (King v.…