JUDGE BOOK
JUDGE BOOK
February 18, 2025 at 03:58 AM
10 Landmark Cases on Muslim Law✨ 🔥1. Mohammed Ahmed v. Shah Bano, 1985 • SC recognized that there was no conflict between the concerned section of the CrPC and the Personal Laws. It held that irrespective of religion, a woman could seek maintenance under Section 125. 🔥2. Shayara Bano v. Union of India, 2017 • SC declared the practice of triple talaq to be unconstitutional. The court held that the practice violated Article 14 (equality before the law), Article 19 (freedom of speech and expression), and Article 21 (right to life with dignity) of the Constitution. 🔥3. Danial Latifi and another v. Union of India, 2001 • SC upholding the validity of the Act, held that Muslim husbands are liable to pay maintenance to their divorced wives, which may extend beyond the Iddat period. •  The court also provided provisions for divorced Muslim women who are unable to maintain themselves, allowing them to seek maintenance from their relatives or the State Wakf Board. 🔥4. Shamim Ara v. State of U.P, 2002 • SC held that the divorce was not valid as the requirements of talaq were not fulfilled. • The court emphasized that for a divorce to be effective, it must be pronounced, proclaimed, and articulated. The mere plea of divorce in a written statement does not constitute a valid divorce. 🔥5. Sarla Mudgal v. Union of India, 1995 SC observed that the practice of polygamy could only be followed by Muslim husbands and not by women. It held that this practice caused agony and amounted to cruelty towards the wife. • The court further stated that the laws of inheritance under Muslim Personal Law were discriminatory. JUDGE BOOK 📚 🔥6. Chand Patel v. Bismillah Begum, 2008 • SC held that the marriage between a man and two sisters would be irregular but not void. It stated that the child born out of such a marriage would be entitled to inheritance from the father. • The court further clarified that marriages performed without witnesses or during the 'iddat' period of the former wife would be considered invalid. 🔥7. Ahmedabad Women Action Group (AWAG) v. Union of India, 1997 • SC held that the practice of polygamy could only be followed by Muslim husbands and not by women, thereby violating the principles of equality.  🔥8. Imambandi v. Mutsaddi, 1918 • SC held that the mother had no power to transfer the property of the minor child, as she was not the legal guardian. • The court emphasized that guardianship lies with the fathers, in his absence, the paternal grandfather. It clarified that the mother, although not the natural guardian, has the right to custody of the child until a specific age. 🔥9. Gohar Begam vs Suggi Alias Nazma Begam, 1959 • SC affirmed that the mother could be a natural guardian to an illegitimate child. It held that in the case of an illegitimate child, the circumstances are different, and the mother can exercise natural guardianship. Non-transfer of custody of such a child would amount to illegal detention. 🔥10. Noor Sabha Khatoon v. Md. Quasim, 1997 • SC held that the child born out of a Muslim marriage is entitled to maintenance under Section 125 of the CrPC and the Muslim Women (Protection of Rights on Divorce) Act. The father is liable to pay maintenance to his son until he attains majority and can provide for himself. The father is also responsible for the maintenance of his daughter until she is married. Telegram Join 👇👇 https://t.me/Judge_book WhatsApp  👇👇 https://whatsapp.com/channel/0029Vad3fLADTkKCZoHMnQ3I

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