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The Madurai Bench of the Madras High Court has ruled that a
young Muslim girl cannot be branded by the Jamath as an
"illegitimate" child because her father had married two sisters one
after the other despite a specific prohibition under the Mohammedan law,which
permitted marrying another woman only after 'talaq'.Dismissing a civil revision petition filed by the Nagercoil
Jamath president, Justice S. Palanivelu said the act committed by the girl?s
father was a curable irregularity and therefore the children born out of such
marriage could not be called as illegitimate.A. Sohail Ahmed (name changed) was a member of the Mahan
Tulkasha Olliyullah Darga Vadaseri Kuthba Pallivasal at Nagercoil in Kanyakumari
district.He married two sisters and lived with both them.He had five children
through the first wife and two daughters through her sister.In 1997, he filed a civil suit before the Principal Munsif
Court at Nagercoil challenging his extermination from the Jamath. Even as the
case was pending, a compromise was reached between him and the new office
bearers of the Jamath in May 2006.In February this year, he applied for a No Objection
Certificate from the Jamath to give the girl born out of his second marriage to
a groom based in Chennai. But the Jamath?s president refused to issue the NOC,a
pre-requisite for conducting Muslim marriages.The judge directed the Jamath to issue a NOC forthwith to
Ahmed so that he could conduct her marriage without any hitch in the lawful
capacity of being her father.
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