Family law 2 (Muslim law) part – C

1.A'a Sunni Muslim dies leaving behind his widow, father, two daughters and two sons.
Distribute the property.
In matters of inheritance for Sunni Muslims, the distribution of property is guided by the
personal laws prescribed under the Muslim personal law in India. The distribution of the
property of a deceased Sunni Muslim will be governed by the principles of Islamic law known as
Shariah.
According to Shariah, the distribution of the property of a deceased Sunni Muslim is as follows:
1. Widow: The widow is entitled to one-eighth (1/8) share of the deceased husband's property if
there are children. If there are no children, she is entitled to one-fourth (1/4) share.

2. Father: The father is entitled to one-sixth (1/6) share of the property of his deceased child, if
there is a widow and/or children. If there is only the father and siblings, he is entitled to one-half
(1/2) of the property.
3. Daughters: The daughters collectively are entitled to one-half (1/2) share of the property. If
there are multiple daughters, the shares are divided equally among them
4. Sons: The sons collectively inherit the remaining share of the property after the shares of the
widow, father, and daughters are allocated. The shares of the sons are twice that of the
daughters.
2.X'a Sunni Muslim married a Y' a Hindu girl after her conversion to lslam. After a period
of 5 years of marriage Y wants to get out of the marriage. What is the way out to Y without
going to a court of Law?
In India, the personal laws govern matters of marriage and divorce for different religious
communities. In the case mentioned, X is a Sunni Muslim and Y is a Hindu girl who converted to
Islam before marrying X.
Under Islamic law, a Muslim woman can seek divorce through two methods:

1. Talaq: This is a unilateral right of the husband to pronounce divorce and can be either
revocable (Talaq e Ruj'i) or irrevocable (Talaq e Biddat).
2. Khula: This is a right of the wife to seek a divorce by mutual agreement or by returning a
consideration to the husband.
Jurisdiction over Muslim marriage and divorce matters lies with the Muslim Personal Law, and
thus the husband and wife may need to approach the relevant Muslim Personal Law Board or a
Shariah council for guidance and assistance in obtaining a divorce.
However, it is important to note that these methods do not necessarily require the involvement
of a court of law. Both parties can mutually agree to dissolve the marriage through the process
of Khula, where the wife returns the consideration given during the marriage to the husband. It
is advisable for the couple to consult their respective religious leaders or scholars who can guide
them through the process in accordance with their religious beliefs and customs.
It is important to understand that this is a general overview of the options available to Y, the
Hindu girl who converted to Islam, for seeking divorce from her Muslim husband.

case laws related to divorce in Muslim marriages include:

1. Shah Bano case (1985): This case emphasized the Muslim husband's responsibility to
provide maintenance to his divorced wife under the provisions of Section 125 of the Code of
Criminal Procedure, 1973, even after the completion of the 'iddat' period.

2. Shamim Ara v. State of Uttar Pradesh (2002): This case introduced the concept of
"irretrievable breakdown of marriage" as a ground for divorce in Muslim marriages, based on the
principles of equity, justice, and good conscience.
These case laws have shaped the interpretation and application of personal laws related to
divorce in Muslim marriages in India. However, their applicability may vary depending on the
specific facts and circumstances of each case.
3.A, a Christian die leaving behind a widow, two sons and two daughters. Distribute this
property
To distribute the property of A, a Christian who has passed away, we need to consider the laws
governing inheritance and succession in India.
The distribution of property in this case will be governed by the Indian Succession Act, 1925,
since A is a Christian. Under this Act, the property of a deceased person is distributed according
to the rules of intestate succession, which apply when someone dies without leaving a valid will.
In the absence of a will, the distribution of A's property will be as follows:
1. Widow: The widow of A is entitled to a share in the property. She will inherit one-third of the
property.
2. Sons and Daughters: The remaining two-thirds of the property will be divided equally among
the two sons and two daughters. Each son and daughter will receive one-fourth of the property.
It is important to note that the above distribution is a general guideline based on the Indian
Succession Act, 1925. The actual distribution may vary depending on specific circumstances, any
other applicable laws, and any existing agreements or contracts.
4.P'a Hindu married 'Q'a Muslim girl in a Marriage function hall as per the Hindu
customary ceremonies. After some time, P abandoned Q. Q wants to file a petition for
restitution of conjugal rights. Will she be successful?

In this case, P is a Hindu and Q is a Muslim girl who married P in a Hindu customary ceremony. Q,
being a Muslim, has the option to file a petition for restitution of conjugal rights under the
appropriate Hindu marriage laws in India.
However, it is important to note that under the Hindu Marriage Act, 1955, restitution of conjugal
rights is not available as a remedy for Muslim couples. The Hindu Marriage Act applies mainly to
Hindus, Sikhs, Jains, and Buddhists. Since Q is a Muslim and not a Hindu, the provisions of the
Hindu Marriage Act would not be directly applicable to her.

Muslim personal law, as governed by the Muslim Personal Law (Shariat) Application Act, 1937,
provides its own set of rules and procedures for marriage and divorce. In Islamic law, restitution
of conjugal rights is not recognized as a specific legal concept.
Therefore, Q would not be successful in filing a petition for restitution of conjugal rights under
the Hindu Marriage Act. Instead, she may need to explore other legal avenues available to her
under Muslim personal law. This may involve seeking divorce or dissolution of the marriage
through alternatives available within Islamic jurisprudence.
case laws in the context of Muslim marriage and divorce include:

1. Mohammed Ahmed Khan v. Shah Bano Begum (1985): This landmark case held that
Muslim women are entitled to maintenance under Section 125 of the Code of Criminal
Procedure, even after the completion of the 'iddat' period.

2. Shamim Ara v. State of Uttar Pradesh (2002): This case introduced the concept of
"irretrievable breakdown of marriage" as a ground for divorce in Muslim marriages, based on the
principles of equity, justice, and good conscience.
5.A Sunni died leaving behind leaving behind his wife, father, mother, full brother.
In the scenario you presented, A, a Sunni, has passed away and left behind his wife, father,
mother, and a full brother. In such a case, the distribution of A's property will depend on the
applicable inheritance laws.
Under the Muslim personal law of inheritance in India, when a Sunni Muslim dies without leaving
a valid will, his property will be distributed among his legal heirs according to the rules of
intestate succession under the Shariah.

In this case, the distribution of property would be as follows:

1. Wife: The wife of A is entitled to one-eighth (1/8) share of the property.
2. Father: The father of A would be entitled to one-sixth (1/6) share of the property.
3. Mother: The mother of A would also be entitled to one-sixth (1/6) share of the property.
4. Full Brother: The full brother of A would receive the remaining balance, which would be two-
thirds (2/3) of the property.
It is important to note that these shares are distributed proportionately based on the stipulated
shares in the Islamic inheritance system. The specific distribution may vary depending on the
individual circumstances and any other specific provisions or agreements made by the deceased.
6.H married W1 in the year 1980 and lived with her for some time. Due to the cruel
behavior of H, W1 left him and started living with her parents. H married W2 in the year
1983 and never lock back for W1. W1 filed an application for divorce and maintenance on
the grounds of cruelty. H filed a counter petition for Restitution of Conjugal rights against
W1. Decide.
In this scenario, H married W1 in 1980 but due to H's cruel behavior, W1 left him and started
living with her parents. In the meantime, H married W2 in 1983 and did not maintain any contact
with W1. W1 filed an application for divorce and maintenance on grounds of cruelty, while H
filed a counter petition for Restitution of Conjugal Rights against W1.
Under Muslim personal law, specifically the Dissolution of Muslim Marriages Act, 1939,
restitution of conjugal rights is recognized as a remedy. A Muslim husband can file a petition
seeking restitution of conjugal rights when his wife has withdrawn from his society without any
valid reason. It is aimed at restoring the marital relationship and reuniting the parties.
However, it is important to note that the specific grounds for divorce and maintenance vary
according to the personal laws followed by the parties involved. In this case, if W1 has filed for
divorce on the grounds of cruelty, it implies that she is seeking dissolution of the marriage rather
than restoration of conjugal rights.
Given the circumstances and W1's application for divorce on grounds of cruelty, it is unlikely that
H's counter petition for restitution of conjugal rights would be successful. The court would likely
focus on the allegations of cruelty made by W1 and may proceed with the divorce proceedings.
case laws in India related to divorce and matrimonial issues under Muslim personal law. Some
notable cases include:

1. Shah Bano Case (1985): This case addressed the issue of maintenance for Muslim women
after divorce and contributed to reforms in the law regarding maintenance under Section 125 of
the Code of Criminal Procedure.

2. Danial Latifi v. Union of India (2001): This case dealt with the issue of the validity of
triple talaq (instant divorce) and brought forth discussions regarding the rights of Muslim women
within the sphere of divorce.
7.A' gifted his house to his son under registered gift dead which was accepted by the son.
Later, on, father cancelled the gift deed unilaterally. Discuss the validity of gift.

Under Muslim personal law, gifting of property is governed by the principles of hiba, which is a
unilateral transfer of ownership in Islam. To determine the validity of a gift as per Muslim law,
the following conditions must typically be met:
1. Declaration: The donor must make a clear declaration to gift the property, expressing his
intention to transfer ownership. The declaration must be unambiguous and specific about the
property being gifted.
2. Acceptance: The donee must accept the gift during the lifetime of the donor. Acceptance can
be expressed or implied, and it is important for the donee to acknowledge and accept the gift
willingly.

3. Delivery: There should be actual or constructive delivery of possession of the gifted property
to the donee. Actual delivery means physically handing over possession of the property, while
constructive delivery can occur through symbolic or constructive means.
Once these conditions are fulfilled, the gift becomes irrevocable, unless there is a valid reason
recognized by Islamic law, such as a defect in the gift or a breach of conditions. However, it is
important to note that the cancellation or revocation of a gift can be a complex matter and may
require specific legal grounds recognized by Islamic law.
In the scenario you presented, if the gift deed between A (the donor) and his son (the donee)
was executed following the necessary conditions of a valid gift under Muslim personal law, the
gift would generally be considered irrevocable. This means that unless there are specific legal
grounds recognized under Islamic law allowing the father to cancel the gift unilaterally, the
cancellation of the gift deed would likely not be valid.
related case that addresses the validity of a gift under Muslim law:

In the case of Abdul Aziz v. Masum Ali, the Privy Council held that for a valid gift (hiba) under
Muslim law, it is necessary to have an offer and acceptance, and the property must be delivered
by the donor to the recipient. Once these conditions are fulfilled, the gift becomes irrevocable,
unless there are valid legal grounds recognized by Islamic law for cancellation or revocation.

It is important to note that case laws are highly specific to the facts and circumstances of each
case. Therefore, the relevance and applicability of case laws may vary depending on the specific
details and jurisdiction involved.
8.A Muslim wife claims dower from her husband when the divorce takes effect, he objects
to the payment of full dower on the ground that the marriage is not consummated. Decide.
In this scenario, we are dealing with the issue of a Muslim wife claiming her dower (also known
as "mahr") from her husband upon divorce, while the husband objects to paying the full dower
on the grounds that the marriage is not consummated.

Under Muslim personal laws, the concept of dower is of utmost importance. Dower is a
consideration given by the husband to the wife in exchange for the marriage. It is an essential
right of the wife, and she is entitled to claim it at the time of divorce irrespective of whether the
marriage is consummated or not.

The relevant law governing this issue is the Muslim Personal Law (Shariat) Application Act, 1937,
which applies to Muslims in matters relating to personal law. The jurisdiction of the court to
decide such matters would be the family or personal law courts, and the provisions of the Act
would apply.

According to the Act, a Muslim wife is entitled to claim her dower regardless of consummation of
the marriage. The Act does not differentiate between consummated and unconsummated
marriages when it comes to the payment of dower. The husband's objection to the payment of
the full dower on the grounds of non-consummation is not valid under Muslim personal laws.
Therefore, in this case, the Muslim wife would have the legal right to claim the full dower
amount from her husband, irrespective of whether the marriage was consummated or not. The
court would likely rule in favor of the wife and order the husband to pay the dower amount as
per the terms agreed upon at the time of marriage.
One relevant case law that supports the entitlement of a Muslim wife to claim her dower
regardless of consummation of the marriage is the case of Shameem Ara v. State of U.P.
(2002).

In this case, the Supreme Court of India clarified the position of dower in Muslim personal laws.
The court held that under Islamic law, the payment of dower to the wife is an essential part of
the marriage contract, and the wife is entitled to claim it at the time of divorce, irrespective of
whether the marriage is consummated or not.
The court emphasized that the husband's obligation to pay the dower arises as soon as the
marriage is solemnized, and it remains a debt owed by the husband until it is paid. The court
further stated that the non-consummation of marriage does not affect the wife's right to claim
the dower, as it is a financial consideration given to her in exchange for the marriage, and not
dependent on sexual relations.
Based on this landmark judgment, a Muslim wife can claim her dower from her husband
irrespective of consummation of the marriage.
9.A a Muslim husband pronounced talaq thrice to one of his wives B'. Explain the rights of
B under the law.

In this scenario, we are dealing with a Muslim husband who has pronounced talaq (divorce)
thrice to one of his wives, referred to as B. The rights of B under the law will depend on the
circumstances and the applicable personal laws governing Muslims in India.

The relevant law governing this issue is the Muslim Personal Law (Shariat) Application Act, 1937,
which provides guidance on matters related to divorce for Muslims. This Act applies to matters
of personal law for Muslims, and the jurisdiction of the court in these cases would be the family
or personal law courts.
Under the Act, the pronouncement of "triple talaq" (talaq-e-biddat) in one sitting is recognized
as a valid form of divorce, despite being controversial and considered unfair by many. However,
the Supreme Court of India, in the case of Shayara Bano v. Union of India (2017), has declared
the practice of triple talaq as unconstitutional and struck it down.
As per the Supreme Court's decision, the act of the husband pronouncing triple talaq in one
sitting is considered void and has no legal effect. Therefore, in this case, B's rights would be
protected, and the divorce would not be considered valid. B would continue to have the rights
and status of a wife, including the right to maintenance and other matrimonial rights.
It is important to note that there have been subsequent developments in this area of law, such
as the enactment of The Muslim Women (Protection of Rights on Marriage) Act, 2019, which
criminalizes the pronouncement of triple talaq and provides for certain safeguards for Muslim
women. However, the specific details and implications of this Act would require further
examination in relation to the given case.
In summary, B's rights in this scenario would be protected, and the divorce pronouncement of
triple talaq would not be considered valid under the law as per the decision of the Supreme
Court. B would continue to have the rights and status of a wife, and she can seek legal remedies
if necessary.
A significant case law that relates to the rights of Muslim women in cases of triple talaq is
Shayara Bano v. Union of India (2017).

In this landmark case, the Supreme Court of India declared the practice of triple talaq as
unconstitutional, invalid, and illegal. The court held that the instantaneous and irrevocable
nature of triple talaq violated the fundamental rights of Muslim women, particularly their right
to equality and dignity.
The court emphasized that triple talaq was arbitrary and did not provide any scope for
reconciliation or fair treatment of women. It further stated that the practice was against the
principles of gender justice, and it failed to incorporate the Quranic principles of fairness and
justice in divorce matters.
The judgment in this case not only rendered the pronouncement of triple talaq in one sitting as
void and invalid but also called upon the government to legislate on the issue and provide for a
comprehensive law regarding Muslim marriage and divorce.
Following this judgment, the Indian Parliament enacted The Muslim Women (Protection of
Rights on Marriage) Act, 2019. This Act expressly makes the pronouncement of triple talaq a
criminal offense, with provisions for punishment and safeguards for Muslim women.
Overall, the case of Shayara Bano v. Union of India played a pivotal role in recognizing the rights
of Muslim women and addressing the unfairness and arbitrariness associated with triple talaq. It
provides a foundation for the protection and empowerment of Muslim women in matters of
marriage and divorce.
10.X a Muslim wife, Sunni by sect. died leaving behind her husband and two sisters.
Distribute X's property.
To provide a proper distribution of property belonging to a deceased Muslim wife (referred to as
X), it is necessary to consider the relevant laws and principles of inheritance under Muslim
personal laws, specifically the Sunni sect.
In this scenario, the key principles to determine the distribution of X's property would be
governed by the Muslim Personal Law (Shariat) Application Act, 1937. The applicable court
jurisdiction would be the family or personal law courts.
Under Muslim personal laws, the distribution of property upon the death of a woman is
determined by the concept of "intestate succession" or "inheritance" (known as "Faraid"). In this
case, as X died without leaving any children, the distribution would primarily involve her husband
and sisters.
The distribution of X's property would be as follows:
1. Husband: According to Islamic law, the husband is entitled to receive a share of one-half (1/2)
of X's property, known as "husband's share". This is a fixed share regardless of the presence of
other heirs.
2. Sisters: In the absence of children, the remaining property would be divided among the sisters
of X. The total share of the sisters collectively is referred to as the "residual share".
The distribution of the residual share among the sisters would follow the concept of "agnatic
heirs" and "Sharers." Agnatic heirs are the ones who are related to X through a common male
ancestor (in this case, their father), and Sharers are the ones who are entitled to a share in the
inheritance.
Under the Sunni sect, in the presence of sisters, each sister is entitled to receive a share of one-
half (1/2) of the remaining property. So, if there are two sisters, they would collectively be
entitled to receive the entire residual share, with each sister receiving an equal share.

To summarize, in this scenario, the distribution of X's property would be as follows:

- Husband: entitled to one-half (1/2) of X's property.
- Sisters: collectively entitled to the remaining one-half (1/2) of X's property, with each sister
receiving an equal share.
11.A, a Hindu husband converts to Islam and contracts a second marriage with a Muslim
woman without dissolving the first marriage. Explain the validity of the second marriage.
In this scenario, where a Hindu husband (referred to as A) converts to Islam and contracts a
second marriage with a Muslim woman without dissolving the first marriage, the validity of the
second marriage would depend on the provisions of Indian law and the legal requirements for
marriage in Islamic law.
Under Indian law, the Hindu Marriage Act, 1955 governs the validity and dissolution of Hindu
marriages, while the Muslim Personal Law (Shariat) Application Act, 1937 deals with matters of
personal law for Muslims.
According to the Hindu Marriage Act, a Hindu man already in a valid marriage cannot contract a
second marriage until the first marriage is dissolved by divorce, annulment, or death. Therefore,
A's second marriage with the Muslim woman would not be considered valid under Hindu law, as
A has not dissolved his first marriage.
Under Islamic law, a Muslim man is allowed to have up to four wives simultaneously, subject to
certain conditions and obligations, including providing equal treatment, maintenance, and care
for all wives. However, the valid existence of a multiple marriage does not negate the
requirement for the husband to fulfill his obligations towards each wife, including providing for
their support and maintenance.
In this case, while the second marriage of A with the Muslim woman may be considered valid
under Islamic law, it would not be recognized as valid under Indian law since he has not dissolved
his first marriage. As per Indian law, the first marriage of A, contracted under Hindu law, remains
legally valid and binding until dissolved as per the procedures prescribed by the Hindu Marriage
Act.
There is a relevant case law that discusses the validity of a second marriage without dissolving
the first marriage in the context of conversion to Islam. The case is Sarla Mudgal v. Union of
India (1995).

In this case, the Supreme Court of India dealt with the issue of a Hindu husband converting to
Islam and subsequently contracting a second marriage without dissolving his first marriage. The
court examined whether a person who converts to Islam can contract a second marriage while
the first marriage was still subsisting.
The court held that the second marriage of a Hindu husband after embracing Islam without
dissolving the first marriage is considered illegal and void. The court emphasized that the Hindu
Marriage Act, 1955 governs the institution of marriage for Hindus and prohibits a Hindu man
from having more than one wife at the same time. The conversion to Islam did not nullify the
first marriage according to the court.

The court further stated that a person cannot circumvent the legal requirements and obligations
of the first marriage by converting to another religion and contracting a second marriage without
dissolving the first one. The court highlighted that the principles of law, justice, and equity
require fidelity to the established legal norms and principles governing personal law matters.

Based on this judgment, it can be concluded that a Hindu husband converting to Islam and
contracting a second marriage without dissolving the first marriage is considered illegal and void
under Indian law. The first marriage continues to remain valid, and the Hindu Marriage Act
applies to the husband's obligations and responsibilities towards the first wife.
12.P'a Muslim married to Ms. K. Aftera period of 6 years he lost his job and became
bankrupt. He divorced his wife. K filled a maintenance case against P. Will he be successful
In the scenario described, where P, a Muslim man, divorces his wife Ms. K after facing financial
difficulties, and K files a maintenance case against P, the success of K's case for maintenance
would depend on various factors and specific circumstances.
Under Muslim personal laws, a wife is entitled to receive maintenance (known as "nafqah") from
her husband during the subsistence of marriage and during the period of iddat (waiting period)
after divorce. The obligation to provide maintenance lies with the husband, who is considered
the "Qawwam" or the provider in the marriage.
To determine the success of K's maintenance case against P, the court would consider factors
such as the financial capacity of P, his ability to provide maintenance, and the needs and
circumstances of K.

However, it is important to note that the actual outcome of the case would be subject to the
discretion of the court and would vary based on the individual judge's assessment of the
situation. The court would consider various factors, including the financial situation of P, the
financial needs of K, the standard of living during their marriage, and any other relevant
circumstance

If the court finds that P has the financial means to provide maintenance and that K needs
financial support, it is likely that K would be successful in her maintenance claim. The court may
order P to pay a reasonable amount as maintenance to K considering the specific facts of the
case.
One relevant case law that discusses maintenance in the context of Muslim personal laws is
Shah Bano Begum v. Mohammad Ahmed Khan (1985).

In this case, the Supreme Court of India addressed the issue of maintenance for Muslim women
after divorce. The court emphasized that the Quranic provisions of maintenance and the
principles of justice, equity, and fairness are applicable to Muslim women as well.

The court held that a Muslim husband has an obligation to provide reasonable and fair
maintenance to his divorced wife, even beyond the iddat period (waiting period after divorce).
The court further stated that the right to maintenance for Muslim women is not restricted to the
statutory limits provided under the Muslim Personal Law but can extend to the application of the
general law of maintenance under the Code of Criminal Procedure (CrPC) as well.

The judgment in this case played a significant role in recognizing the rights of Muslim women
and affirming their entitlement to maintenance from their husbands, irrespective of religious
personal laws. The court highlighted the importance of ensuring equality and justice for Muslim
women and upholding their right to financial support.

Based on this case, it can be argued that if P, in the scenario provided, has the financial capacity
to provide maintenance and K can establish her need for financial support, K would have a
strong case for successful maintenance against P. The court would consider the respective
financial positions and needs of both parties to arrive at a just and fair determination of
maintenance.
13.AMuslim marriage is contracted without any Dower fixed by the Parties. Will such
marriage be valid? Explain.
Yes, a Muslim marriage can be valid even if no specific dower (mahr) is fixed by the parties. In
Islamic law, the concept of dower is an integral part of the marriage contract, but it is not an
essential requirement for the validity of the marriage itself.
According to Muslim personal laws, the contracting parties have the freedom to agree on the
amount of dower or any other terms related to it. However, if no specific amount or nature of
dower is agreed upon or mentioned in the marriage contract, it is known as "unspecified" or
"unfixed" dower.
In the absence of a fixed dower, the marriage would still be considered valid, if all other
necessary conditions for a valid marriage are present, such as offer, acceptance, and the
presence of competent witnesses. The absence of a specific dower does not invalidate the
marriage contract itself.
It is important to note that while a specific dower amount may not be fixed, there is still a
general obligation on the husband to provide a reasonable dower to the wife as per his financial
capacity and the customary practices of society. In such cases, the court may determine a
reasonable dower amount if a dispute arises.
If a dispute arises concerning the dower, the wife has the right to seek a claim for a reasonable
dower amount in accordance with her circumstances, the financial capacity of the husband, and
prevailing customs and practices.

To summarize, while it is preferable for parties to fix a dower amount, a Muslim marriage would
still be considered valid even if no specific dower is fixed by the parties in the marriage contract.
The absence of a fixed dower does not render the marriage contract invalid, and the wife may
still have the right to claim a reasonable dower amount if a dispute arises.

One relevant case law that discusses the validity of a Muslim marriage without any fixed dower is
the case of A. A. Zanane v. S. B. Zanane (1968).

In this case, the Bombay High Court was called upon to determine the validity of a Muslim
marriage where no specific dower was fixed by the parties. The court held that the absence of a
specific dower amount did not invalidate the marriage contract.

The court emphasized that the essential requirements for a valid Muslim marriage are the offer
and acceptance by the parties and the presence of competent witnesses. The court clarified that
while it is customary to fix a dower amount, it is not an essential condition for the validity of the
marriage. If the basic requisites of a valid marriage are fulfilled, the marriage would be
considered valid.
The court acknowledged that in cases where no specific dower amount is fixed, the court may
have the authority to determine a reasonable dower amount in the event of a dispute between
the parties.

Based on the judgment in A. A. Zanane v. S. B. Zanane, it can be concluded that a Muslim

marriage without any fixed dower would still be considered valid. The absence of a specific
dower does not invalidate the marriage contract if the other essential requirements of a valid
marriage are fulfilled.
14.A Hindu male converts into Islam and contracts a second marriage, without dissolving
the first marriage. Explain the validity of the second marriage
In India, the legal validity of a second marriage by a Hindu male who has converted to Islam
without dissolving his first marriage is a complex issue. The validity of such a marriage would
depend on various factors, such as the personal laws governing the marriage, the specific
circumstances of the conversion, and the jurisdiction of the court.
Under the Hindu Marriage Act, 1955, a Hindu marriage is a sacrament, and polygamy is not
permitted. However, if a Hindu male converts to Islam, he may argue that he is governed by
Muslim personal laws, which allow for polygamy under certain conditions.

According to the Muslim Personal Law (Shariat) Application Act, 1937, a Muslim man can have
up to four wives simultaneously, subject to him fulfilling certain conditions such as providing
equal care and maintenance to all wives. Therefore, if the converted Hindu male satisfies these
conditions, he may argue that his second marriage is valid under Muslim personal laws.

It is important to note that the validity of such a second marriage may vary depending on the
jurisdiction of the court. If the matter is brought before a Family Court or a Civil Court, where the
Hindu Marriage Act is applicable, the court may consider the second marriage as void, as the
Hindu male has not obtained a legal divorce from his first wife. However, if the matter is brought
before an Islamic or a Shariah court, the court may recognize the second marriage as valid under
Muslim personal laws.
In conclusion, the validity of a second marriage by a Hindu male who converts to Islam without
dissolving his first marriage is a complex issue, and it may largely depend on the personal laws
governing the marriage and the jurisdiction of the court where the matter is being heard

One such case is Sarla Mudgal v. Union of India (1995), wherein the Supreme Court of
India addressed the issue of Hindu men converting to Islam to contract a second marriage
without dissolving the first marriage. The court held that such marriages are illegal and declared
them void on the grounds of contravening the principles of secularism, justice, and equality
enshrined in the Indian Constitution.
The court emphasized that for any valid marriage under Indian law, the Hindu Marriage Act must
be complied with, and a marriage cannot be circumvented through conversion to another
religion. The court also highlighted that the intention behind contracting a second marriage
without dissolving the first is to defeat the provisions of the Hindu Marriage Act, which prohibits
polygamy.
This case set a significant precedent regarding the validity of second marriages without
dissolving the first marriage, especially when the purpose is to circumvent existing personal laws.
15.M a Muslim female died leaving her two daughters' father, mother and husband.
Distribute her property.
Under Muslim personal laws, the distribution of the property of a deceased Muslim female is
governed by the rules of inheritance known as "Islamic inheritance laws" or "Muslim inheritance
laws." The distribution of her property among her father, mother, husband, and two daughters
would be as follows:
1. Husband: The husband is entitled to a share in the deceased wife's property. As per Islamic
inheritance laws, the husband's share will depend on whether the deceased wife had any
children or not. If the wife had children, the husband's share would be one-fourth (1/4) of the
remaining property after the deduction of other shares. If the wife had no children, the
husband's share would be one-half (1/2) of the remaining property.

2. Daughters: The daughters are entitled to a share in the deceased mother's property. As per
Islamic inheritance laws, each daughter is entitled to one-half (1/2) of the remaining property
after the deduction of other shares. If there are two daughters, each daughter would receive
one-fourth (1/4) of the total property.

3. Father: The father is also entitled to a share in the deceased daughter's property. As per
Islamic inheritance laws, the father's share is determined after the deduction of the shares of
other family members, including the husband, daughters, and mother. If the deceased daughter
has no children, the father's share would be one-sixth (1/6) of the remaining property.

4. Mother: The mother is entitled to a share in the deceased daughter's property, following the
same principles as the father. If the deceased daughter has no children, the mother's share
would also be one-sixth (1/6) of the remaining property.
It is important to note that the distribution of the deceased Muslim female's property may also
be subject to any specific provisions or conditions mentioned in her will, subject to certain
limitations and requirements as per Islamic law.