IN THE SUPREME COURT OF INDIA

Huraira Khanom………………………………………………………………………Appellant

v/s

Latif Anwar & Jubeida Bibi……………………………………………………Respondent

Rasheed Anwar, an Intelligent young Muslim Person from Murshidabad, West Bengal
went to Delhi for pursuing his masters degree. In Delhi, he came in contact with a young
Muslim lady namely Huraira Khanom, from Haryana. Both of them belonged to conservative
Muslim family. They soon fell in love with each other and decided to marry. They approached
their respective parents about their marriage. Both the families did not provide their consent in
the marriage and wanted them to marry according to their choice. However, they had their
own plans. They solemnized their marriage at Jumma Masjid on 4 th October, 2015 under
Muslim Personal Law and subsequently they registered their marriage on 17 th October, 2015
under the Special Marriage Act,1954.

On getting the information of solemnization of their marriage, both the families

disowned their children. One girl child born out of the wedlock on 12 th December, 2016 and
they named her ‘Rifat’. Rasheed executed a will bequeathing all her property in the name of her
daughter ‘Rifat’ and by the same instrument he appointed his wife huraira Khanom’ as executor
of will.

On 15th February, 2016 Rasheed and his family met with an accident. Rasheed died in
the accident but her wife and daughter survived.

As desired by the Rasheed, Huraira applied to the District Judge, Saket, Delhi for grant of
probate. On hearing the news of demise of Rasheed, parents of Rasheed, ‘Latif Anwar’ and
Jubeida Bibi’ came to the Court and contended that since both the Rasheed and Huraira belong
to Muslim conservative family, the Muslim law will be applied to them. And rules of Muslim
Law do not allow will of more than 1/3 rd of the property. It was contended on behalf of Huraira
that they are governed by sec 21 of Special Marriage Act, 1954 and Indian Succession Act, 1925.

Sec 21. Succession to property of parties married under Act.—Notwithstanding any

restrictions contained in the Indian Succession Act, 1925 (39 of 1925), with respect to its
application to members of certain communities, succession to the property of any person

1
whose marriage is solemnized under this Act and to the property of the issue of such marriage
shall be regulated by the provisions of the said Act and for the purposes of this Act shall have
effect as if Chapter III of Part V (Special Rules for Parsi section that Intestate) had been omitted
therefrom.

Section 21A in The Special Marriage Act, 1954

. Special provision in certain cases.—Where the marriage is solemnized under this Act of any
person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes
the Hindu, Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so
much of section 20 as creates a disability shall also not apply.]

Challenging the grant of probate in favour of Huraira, parents of Rasheed, ‘Latif Anwar ‘
and ‘Jubeida Bibi’ appealed before the High Court of Delhi. Hon’ble High Court of Delhi,
considering the application of the appellant (‘Latif Anwar‘ and ‘Jubeida Bibi’) set aside the order
of District Judge granting probate in favour of Huraira and held that section 21 of Special
Marriage Act, 1954 is violative of Personal Laws and Fundamental Rights of Indian Constitution,
to profess religion.

Being aggrieved by the order of High Court at Delhi Huraira approached the Hon’ble
Supreme Court of India.

Now the matter has been listed for final hearing in the Supreme Court and following
issues have been framed by the Supreme Court of India.

1. Whether personal law will prevail over special law and vice versa.

2. Whether section 21 of Special Marriage Act, 1954 is violative of fundamental rights of Indian
Constitution?

3. Whether section 21A of Special Marriage Act, 1954 is hindrance to achieve the objective of
Uniform Civil Code?

Law Points:-

1. Indian Succession Act, 1925.

2. Section 21 & 21A of Special Marriage Act, 1954

3. Part III (Art. 12-35) of Indian Constitution.

4. Law of Will according to Muslim Personal Law.