Madras HC comes to rescue of Muslim girl
Madras HC comes to rescue of Muslim girl
Follow us:WhatsappFacebookTwitterTelegram.cls-1{fill:#4d4d4d;}.cls-2{fill:#fff;}Google NewsThe Madurai Bench of the Madras High Court has ruled that ayoung Muslim girl cannot be branded by the Jamath as an"illegitimate" child because her father had married two sisters oneafter the other despite a specific prohibition under the Mohammedan law,whichpermitted marrying another woman only after 'talaq'.Dismissing a civil revision petition filed by the NagercoilJamath president, Justice S. Palanivelu said the act committed by the girl?sfather was a curable irregularity and therefore the children born out of suchmarriage could not be called as illegitimate.A. Sohail Ahmed (name changed) was a member of the MahanTulkasha Olliyullah Darga Vadaseri Kuthba Pallivasal at Nagercoil in Kanyakumaridistrict.He married two sisters and lived with both them.He had five childrenthrough the first wife and two daughters through her sister.In 1997, he filed a civil suit before the Principal MunsifCourt at Nagercoil challenging his extermination from the Jamath. Even as thecase was pending, a compromise was reached between him and the new officebearers of the Jamath in May 2006.In February this year, he applied for a No ObjectionCertificate from the Jamath to give the girl born out of his second marriage toa groom based in Chennai. But the Jamath?s president refused to issue the NOC,apre-requisite for conducting Muslim marriages.The judge directed the Jamath to issue a NOC forthwith toAhmed so that he could conduct her marriage without any hitch in the lawfulcapacity of being her father.first published:January 01, 1970, 05:30 ISTlast updated:January 01, 1970, 05:30 IST
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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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