A lawyer in Kerala High Court seeks Indian Succession Act application to children of Special Marriage Act couples regardless of their initial personal law marriage.
The petitioner married his wife under Islamic Shariat Law and has three daughters from the marriage.
The petitioner claims that, according to Islamic Shariat law, their daughters are entitled to 2/3 of the couple's properties, with the rest going to the petitioner's brothers and sisters as per Islamic inheritance rules, due to the absence of male children.
The petitioner argues that this legal stance is discriminatory and harmful to his daughters' interests.
The petitioner registered his marriage under the Special Marriage Act, 1954 to circumvent the limitations of the Shariat Act, as Section 21 of the Special Marriage Act makes the Indian Succession Act, 1925 applicable upon registration.
The petitioner notes that his marriage under the Special Marriage Act gained public attention, raising questions about the application of the Indian Succession Act to those who initially married under Islamic customs and later registered their marriage under the Special Marriage Act. This ambiguity led the petitioner to seek information from various parts of the State, but he received inconsistent replies from the Public Information Officer.
The petitioner argues that instances arise where the deceased's siblings, particularly those without a close relationship or responsibility for the deceased, unjustifiably claim property rights. These discriminatory provisions in Islamic law necessitate registering marriages under the Special Marriage Act as the only solution for those seeking to overcome these unreasonable and arbitrary customs.
The petitioner filed this plea to request State authorities to issue a notification or circular clarifying which law governs inheritance for children of parents married under the Special Marriage Act: the Shariat Application Act 1937 or the Indian Succession Act 1925.
In the meantime, the petitioner requests the issuance of a temporary notification or circular stating that the Indian Succession Act, 1925, applies to the inheritance of children born to parents who registered their marriage under the Special Marriage Act.
Today, when the Single Judge Bench of Justice Devan Ramachandran addressed the matter, the Court requested the Government's response on this
TAGS: Single Judge Bench Justice Devan Ramachandran Court Response Government Matter.
