Court : Rajasthan
Reported in : I(1999)DMC327
..... has since been given statutory recognition by certain personal laws like the hindu adoption and maintenance act, 1956; muslim personal law (shariat) act, 1937; the muslim women (protection of right on divorce) act, 1986; parsi marriage and divorce act, 1936. but neither the moral sanction provided by religion to minor's right for maintenance ..... laws which define and govern the rights and obligations of the parties belonging to particular religion, like the hindu adoption and maintenance act, the shariat or the parsi matrimonial act. section 125 was enacted in order to provide a quick and summary remedy to a class of persons who are unable to ..... to the wife and the three children, in view of section 3(1)(b) of the muslim women (protection of rights on divorce) act, 1986 (the act of 1986) which reads as under :'3. mehar of other properties of muslim woman to be given to her at the time of divorce ..... mst. padma, air 1969 orissa 112; rahimunnissa v. mohd. ismail, air 1956 hyd. 14 mst. akhtari begum v. abdul rashid, air 1937 lahore 236; and air 1937 mad. 809.5. on the other hand it was urged on behalf of the non-petitioner that where a father is willing to keep his ..... to the children of divorced muslim parents, living with their mother, was restricted to the period prescribed under section 3(1)(b) of the act of 1986, notwithstanding the provisions of section 125, criminal procedure code.11. on the abovementioned facts their lordships of the apex court addressed themselves to the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC
..... has been discriminated against by that part of muslim personal law which is enforced by the state action by issue of the muslim personal law (shariat) act, 1937. it is submitted that such action is contrary to article 13(1) and is unconstitutional.19. that the truth of the matter is that ..... position as one of the most important judicial system of the civilised world. the concept of muslim law is based upon the edifice of shariat. muslim law as traditionally interpreted and applied in india permits more than one marriage during the subsistence of one and another though capacity to ..... super-natural being; it is an object of conscientious devotion, faith and pietism. devotion in its fullest sense is a consecration and denotes an act of worship. faith in the strict sense constitutes firm reliance on the truth of religious doctrines in every system of religion. religion, faith or ..... would be liable to be prosecuted for the . offence of bigamy. it also follows that if the first marriage was solemnized under the hindu marriage act, the 'husband' or the 'wife', by mere conversion to another religion, cannot bring to an end the marital ties already established on account of ..... 494 does not refer tc any religious denomination.31. now, conversion or apostasy does not automatically dissolve a marriage already solemnized under the hindu marriage act. it only provides a ground for divorce under section 18. the relevant portion of section 13 provides as under:13. any marriage solemnized, whether .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(1)ALD112; 2001(2)ALT(Cri)497; 2002CriLJ1068
..... and ors., : 1scr67 , in which their lordships were pleased to hold at paras (9) & (10) as under:'9. under the shariat act, 1937, as framed, in questions relating to charities and charitable institutions and charitable and religious endowments, the custom or usage would prevail. but the ..... entitled to sue for divorce without a guardian by virtue of section 2 (a) of majority act.lastly the learned counsel for the petitioners herein relied upon the provisions contained in act 26 of 1937 (shariat act). section 2 of shariat act reads as under:'2. application of personal law to muslims :--notwithstanding any customs or usage to ..... includes testamentary trusts and wakfs. although a khoja, who in the matter of succession is governed by hindu law, can, after the passing of the shariat act, still will away the whole of his property, yet when it comes to the question of construction of his will to the extent he has ..... rights: but such a presumption may be deemed rebutted by the amplitude of the language used by the legislature. it is expressly enacted in the shariat act as amended that in all questions relating to the matters specified 'the rule of decision' in cases where the parties are muslims shall be the ..... 244, it was laid down as under:'if there is one thing dear on the language of section 2 of the central shariat act and section 2 of the madras amending act of 1949, it is that neither enactment purported to make the muslim personal law applicable to all matters relating to muslims. nor .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : 2005(3)JKJ122
..... such law where:- (a) any enactment has altered or abolished the personal law; or(b) any valid custom has modified the personal law. 10. the indian shariat act 1937, which applies muslim personal law to the muslims in rest of the country, is not applicable to the state of jammu and kashmir. on the other hand, ..... but he cannot inherit his property, unless the adoptive father gives it to him by gift or will, strictly in accordance with the orders of the shariat.among the shias and sunnis, adoptions are generally made at an age when boys are a year or two old, so that they may become attached ..... , without any gifts or wills in their favour which some learned maulvis desire to be made in all such cases to legalise the inheritance by the shariat as well. it is only of late that men of the towns and the city go against this old custom on the ground of its having ..... their claim for the application of the mohammadan law of inheritance only by virtue of a legislative enactment, namely sri partap jammu and kashmir laws consolidation act. under this enactment the mohammadan law is applicable to the muslims of this state subject to the custom applicable to the parties modifying the principles of ..... inheritance, marriage, guardianship, etc. and the administration of law in such matters, is enjoined by section 4 of sri partap jammu and kashmir laws consolidation act (iv of 1977). it follows that the very best possible evidence and that of a high order is needed to establish the existence of a custom in .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2008(6)ALT33
..... for making any distinction between secular and non-secular gifts as has been done by the learned judge in the above decision. moreover after the shariat act, 1937 (central act 26 of 1937) the muslim personal law alone applies in the matter of gifts (see bibi maniran v. md. ishaque : air1963pat229 . in view of this ..... ) supra, a learned judge of this court while dealing with the essentials of a gift under mohammedan law observed:under section 129 of the transfer of property act, nothing in chapter vii relates to gifts of movable property made in contemplation of death or shall be deemed to affect any rule of mohammadan law. according ..... that item no. 3 of b schedule is in the occupation of the 5th defendant. the 3rd defendant as well as the plaintiffs are bound by the acts made by their late parents and hence the suit may be dismissed with costs.15. averments made in the written statement of the 6th defendant: the 6th ..... abandoned his wife and children and was living with another woman and in whose favour he is trying to make bogus alienations. as the 2nd defendant is acting against the interests of the other co-sharers, the plaintiffs have no other options except to seek for partition of the plaint a and b schedules into ..... act, the prior decision in ma asha v. b.k. haldar air 1936 rang. 430 (fb) cannot be deemed to be the correct law. moreover .....Tag this Judgment!
Court : Kerala
Reported in : AIR1972Ker27
..... laws must be tuned up to the new law of the constitution and the spirit of the times. religious and charitable transfers stand on a different footing.16. the shariat act, 1937 (act 26 of 1937) provides for the application of the personal law in regard to various matters like marriage, succession, dower, guardianship, gifts, trust and trust properties and wakfs. counsel for the appellant ..... the courts with the duty to administer the personal laws and not because the ancient lawgivers obligate the courts to enforce the texts. of course, the shariat act also has made the sharia applicable to muslims in matters of family law, gifts, wakfs etc.24. chitaley on the constitution of india has made a critical reference to this ..... it within constitutional limits should be preferred. the loading case on the subject in india is the one reported in in the matter of hindu women's rights to property act (1937) (air 1941 fc 72). the enactment there impugned used the word 'property' which could embrace agricultural and non-agricultural property although the legislature which enacted the law could not have ..... the rules of muslim law do not provide for such levy. therefore, the need for a document, its attestation and registration are! not necessarily inhibited by section 2 of act 26 of 1937. moreover, the expression 'gifts' in section 2 along with trusts and trust properties and wakfs takes colour from the society of these words. i am inclined to think that .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1997All122
..... madras high court dealing with the question regarding the effect of section 2 of the shariat act has observed in our opinion the shariat act (including the madras amendment) did not purport to nor did it, abolish the rights and incidence of a moplah marumakattayam tarvad. the shariat act 1937, by itself did not confer the rights of partition on. the individual members of ..... whal applies in regard to a tarvad, is applicable equally in respect of the property of a ruler. these thus go to belie the plaintiff's contention that the 1937 shariat act has the effect of repealing of abrogating the rule of primogeniture, and impartiality qua the properties in suit, these properties being for all purposes including succession, part of gaddi ..... effect of abolishing the above concept as to impartiality and primogeniture. there is force in the contention advanced on behalf of the contesting defendant that muslim personal law (shariat) application act, 1937 is a law providing for succession to properties, and not to gaddi. gaddi as already stated above, in reference to context includes the personal properties of the ruler ..... which succession was governed by the rule of succession called the rule of male lineal primogeniture, and not by the personal law, as envisaged in muslim personal law (shariat) application act, 1937. yet another contention of the contesting defendant is thatbeing properly hold by. and inherited under the rule of male lineal primogeniture from, a sovereign ruler, the principle of .....Tag this Judgment!
Court : Chennai
Reported in : 2000(4)CTC454
..... date of death of the testator, and whether the mother could be said to be a competent-person to act as guardian of minor defendants 2 to 6 in mohamedan law? (iii) whether there is any scope for applying the provisions of shariat act, 1937?19. on a scrutiny of the documentary evidence placed before the trial court, it is beyond doubt that ..... the cycle shop under e schedule to the suit is perfectly justified.25. as far as the question relating to the application of the muslim personal law (shariat) application act, 1937 (hereinafter called act 26 of 1937) is concerned, the contention of the learned counsel for respondents 6 to 11 is based on the observations of the trial court in paragraph 16 of its ..... 1929. the teamed author was also pleased to note that neither the mappilla succession act, 1918 nor mappilla wills act, 1928 affects the tarward property, unless the mappilla concerned was exclusively entitled to it, it was also quoted therein that the muslim personal law (shariat) application act, 1937 (act 26 of 1937) also does not touch or affect the rights and incidents of the mappilla ..... marumakkathayam tarward, where property devolved by survivorship, a concept quite foreign to the shariat. the learned author was pleased to note further, based on rulings reported in abdul .....Tag this Judgment!
Court : Mumbai
Reported in : 1980CriLJ1180; 1980MhLJ287
..... remedy to obtain maintenance to a person who is ordinarily helpless and, therefore, the said provision is not controlled by the provisions of the personal law of the parties including shariat act, 1937 though the amount paid towards mehar could be taken into consideration while dealing with the question of maintenance.14. though the code of criminal procedure is a general law regulating ..... the cr.p.c. s. 41 of the i.p.c. defines 'special law' as meaning a law applicable to a particular subject. as already observed muslim personal law viz. shariat act, 1937 does not lay down any special rules of criminal procedure but merely makes a provision as regards the applicability of muslims personal law to muslims. under explanation to s. 125 ..... rule of criminal procedure but merely lays down certain norms or rules as regards applicability of muslim personal law to muslims. it cannot be disputed that the right conferred by shariat act, 1937 could be enforced by the parties apart from the provisions of the code of criminal procedure. therefore, in our opinion section 5 of the code of criminal procedure has no ..... her ancestral property and on that ground also the application filed by her was not maintainable. according to shri hussein in view of the personal law governing the parties viz. shariat act 1937 the wife was not entitled to claim any maintenance, after the period of iddat. according to the learned counsel a specific provision has been made therein for payment of maintenance .....Tag this Judgment!
Court : Delhi
Reported in : ILR1972Delhi73
..... personal law in all cases relating to the matters specified notwithstanding any custom or usage to the contrary'. it may be noted here that under section 2 of the shariat act, 1937 in questions relating to charities and charitable institutions and charitable and religious endowments a custom or usage would prevail. but under section 2 as amended by madras ..... the minor was not under consideration. besides, as would be observed from the statement of objects and reasons which led to the passing of the muslim personal law (shariat) application act (1937) was that the status of muslim woman under the so-called customary law which was simply disgraceful was sought to be raised to the position to which they are ..... the minor. (12) mr. bhagwat dayal, the learned counsel for the respondent strenuously urged that the principles of shariat law alone were applicable in the present case and according to section 2 of the muslim personal law (shariat) application act, 1937 (act no. xxvi of 1937) notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate ..... the supreme court while examining the provisions of section 2 of the muslim personal law (shariat) application act (1937) as amended by madras act 18 of 1949 observed that it was expressly enacted in the shariat act as amended that in all questions relating to the matters specified in the act the rule of decision in cases where the parties are muslims shall be the muslim .....Tag this Judgment!