Muslim Law: Important High Court Judgments 2022

LiveLaw brings to you a compilation of important judgments on Muslim Personal Law from the year 2022.Allahabad High CourtDivorced Muslim Woman Can Claim Maintenance From Husband U/S 125 CrPC As Long As She Doesn't Remarry: Allahabad High CourtCase title - Razia v. State of U.P. [CRIMINAL REVISION DEFECTIVE No. - 475 of 2008]Case Citation: 2022 LiveLaw (All) 179Reiterating the law laid down in the case of Shabana Bano vs. Imran Khan, the Allahabad High Court has observed that a divorced Muslim woman shall be entitled to claim maintenance from her husband under Section 125 Cr.P.C. even after the expiry of the period of iddat as long as she does not remarry.The Bench of Justice Karunesh Singh Pawar observed thus while allowing a revision plea filed against the judgment and order passed by the Additional Sessions Judge, Pratapgarh in May 2008, modifying the order of trial Court passed in January 2007.Muslim Man Can't Marry Another Woman As Per Quran If He Isn't Capable Of Fostering First Wife, Children: Allahabad High CourtCase title - Azizurrahman v. Hamidunnisha @ Sharifunnisha [FIRST APPEAL No. - 700 of 2022]Case Citation: 2022 LiveLaw (AB) 463Stressing that as per the mandate of the Holy Quran, bigamy is not sanctified unless a man can do justice to orphans, the Allahabad High Court has observed that a Muslim man has to prevent himself to perform a second marriage if he is not capable of fostering his wife and children."The religious mandate of Sura 4 Ayat 3 (of Quran) is binding on all Muslim men which specifically mandates all Muslim men to deal justly with orphans and then they can marry women of their choice two or three or four but if a Muslim man fears that he will not be able to deal justly with them then only one. If a Muslim man is not capable of fostering his wife and children then as per the above mandate of the Holy Quran, he cannot marry the other woman," the Bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar-IV observed.Bombay High CourtDissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High CourtCase Title: Shaikh Taslim Shaikh Hakim vs The State Of Maharashtra And AnotherCitation: 2022 LiveLaw (Bom) 121Observing that a family court can dissolve the marriage of a Muslim couple by mutual consent under the Muslim Personal Law, the Bombay High Court quashed criminal proceeding against the husband based on the couple's amicable settlement in the Family Court petition.The court noted that under Section 2 of the Muslim Personal Law (Shariat) Act 1937 all property, marriage, dissolution of marriage including mubaraat, maintenance, dower, guardianship gifts, trusts and trust properties concerning Muslims is governed by the Act.Moreover, the Family Court was empowered to adjudicate a suit regarding validity of a marriage or a person's matrimonial status under section 7 (1)(b) of the Family Courts Act, the bench said.Branding A Child As "Illegitimate" In Itself Amounts To Harassment: Bombay High CourtCase Title: Sudeep Suhas Kulkarni and Anr. v. Abbas Bahadur DhananiCitation: 2022 LiveLaw (Bom) 491The Bombay High Court granted guardianship of a minor to her biological parents reiterating that welfare of the minor should be the paramount factor and it cannot be subordinated to the personal law of the minor.Justice Manish Pitale observed that the parents’ plea cannot be rejected merely because Muslim law indicates that a child born outside marriage has no right to inheritance or descent.Commenting on the usage of the term ‘illegitimate’ for such children, the court said, “for no fault of the child, it is branded illegitimate for the world at large, which in itself amounts to harassment to the child.”Jammu & Kashmir & Ladakh High CourtSec 125 CrPC | Muslim Husband Cannot Avoid His Liability To Maintain Unless Divorce Is Validly Pronounced And Properly Communicated : J&K&L High CourtCase Title: Mohammad Ali Bhat Vs Shafeeqa Bano & OrsCitation : 2022 LiveLaw (JKL) 137The Jammu and Kashmir and Ladakh High Court held that for a Muslim husband to avoid his liability to maintain his wife on the ground that he has divorced his wife, has not only to show that the divorce is validly pronounced in accordance with Muslim law but he has also to show that the said divorce has been communicated to the wife."It is clear that for a Muslim husband to avoid his liability to maintain his wife on the ground that he has divorced his wife, has not only to show that the divorce is validly pronounced in accordance with Muslim law but he has also to show that the said divorce has been communicated to the wife,", Justice Sanjay Dhar observed.Jharkhand High CourtMuslim Woman Can Marry Person Of Her Choice After Attaining 15 Yrs Of Age: Jharkhand High Court ReiteratesCase Title: Md. Sonu @ Sonu v. The State of Jharkhand & Ors.Citation: 2022 LiveLaw (Jha) 94The Jharkhand High Court has held that there is a presumption under Muslim law that people attain puberty at the age of '15...

Muslim Law: Important High Court Judgments 2022

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