Judgments
- Maintenance Of Wife & Children
- Gift: Under Muslim Law.
- Talaq: Under Muslim Law.
Citation Of Judgments On Gifts Under Muslim Law
- Khursida Begum (D) By Lrs. & Ors. Versus Komammad Farooq (D) By Lrs. & Anr., Civil Appeal No.2845 Of 2006, Judgment Dated: 01.02.2016, Bench: Anil R. Dave & Adarsh Kumar Goel, JJ, Supreme Court Of India- Validity of a gift deed executed by a Muslim in favour of his son was the sole question for consideration.- The gift was by father to his minor son. Property was under tenancy. The gift is by a registered deed.- The courts below held the same to be a gift of undivided share of property which was capable of division and thus invalid under Muslim Law being hiba-bil-musha.- It has also been held that gift was of no effect as possession was not delivered to the donee.- The Supreme Court reversed the concurrent finding holding, inter alia, “14…..The gift had no infirmity under the Muslim Law either on the ground that the possession was not delivered or on the ground that the gift was hit by Hiba-bil-Musha. Right to collect rent stands transferred to donee.- The SC further held, “13. Requirement of possession is met when right to collect rent has been assigned to the plaintiff under the gift deed.”.
- V. Sreeramachandra Avadhani (D) BY L.Rs. Versus Shaik Abdul Rahim & Anr., Civil Appeal No.2364 OF 2005, Judgment Dated: 21.08.2014, Bench: Jagdish Singh Khehar & Rohinton Fali Nariman, JJ, Supreme Court Of India: In This Case, the Court dealt with Muslim Law and the concept of Gift Deed.
Citation Of Judgments On Talaq Under Muslim Law
- Danial Latifi & Anr. Vs. Union Of India, Writ Petition (Civil) 868 Of 1986, Judgment Dated: 28.09.2001, Bench: G.B. Pattanaik, S. Rajendra Babu, D.P. Mohapatra, Doraiswamy Raju & Shivaraj V. Patil, JJ, Supreme Court Of India, 2001 (8) SC 218 [Five [5] Judge Constitutional Bench Judgment]: In This Case the Court held the constitutional validity of Muslim Women (Protection of Rights on Divorce) Act, 1986.
- Shakil Ahmad Jalaluddin Shaikh Versus Vahida Shakil Shaikh & Anr., Criminal Writ Petition No. 2201 OF 2007, Judgment Dated: 20.01.2016, Bench: M. S. SONAK, J., Bombay High Court [Full PDF Judgment]- S-125 Cr.P.C- Legality & Validity of Talaqnama- Talaqnama alone not sufficient to prove Muslim Talaq.
- Shamim Ara Versus State of U.P. & Anr., Appeal (Crl.) 465 of 1996, Judgment Dated: 10.10.2002, Bench: R.C. Lahoti & P.Venkatarama Reddi, JJ, Supreme Court Of India, AIR 2002 SC 3551 [Full PDF Judgment]: In This Case the Court held that for an effective and valid talaq, it must be actually pronounced and declared by the husband.
Citation Of Judgments On Maintenance Of Wife & Children
- Shamima Farooqui Vs. Shahid Khan, Criminal Appeal Nos.564-565 OF 2015, Judgment Dated: 06.04.2015, Bench: Dipak Mishra & Prafulla C Pant, JJ, Supreme Court Of India: Wife’s right to receive maintenance under section-125 Code of Criminal Procedure, 1973, is an absolute right, irrespective of religion: Muslim women are equally entitled for maintenance under Section-125 Cr.P.C.- Upholding a wife’s right to receive maintenance, the division bench of Dipak Misra and P.C. Pant, JJ., held that a wife’s right to receive maintenance under Section 125 of the Code of criminal Procedure, 1973, is an absolute right, unless disqualified. The Court reiterated that grant of maintenance to a wife is a measure of social justice and a husband is under obligation to maintain his wife. He cannot be permitted to plead his inability to do the same due to financial constraint, as long as he is able- bodied and capable of earning.
Citation Of Judgments On Muslim Succession Laws
- (Syed) Sabir Husain vs S. Farzand Hasan on 16 December, 1937- (1938) 40 BOMLR 735- Muslim Succession Suit.
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