Mohammedan law -- Gift (Hiba) - It is not necessary while transferring possession by donor in favour of donee under Hiba, that delivery of possession should be actual physical possession - It can also be constructive possession...........
Mohammedan law -- Gift (Hiba) - When donor and donee, who are father and son are residing together in residential house owned by father, it is not expected that after gifting property by way of Hiba, father would leave the residence - Since donor has delivered constructive possession to donee, it is sufficient to satisfy requirement of delivery of possession in order to..........
Special Marriage Act, 1954, Section 4 -- Marriage between a Hindu and Muslim - Validity - There is a prohibition in personal law i.e Mohammedan Law that a Mohammedan boy cannot perform marriage with a Hindu girl - However, there is no bar, if marriage takes place u/s 4 of the Act...........
Live-in-relationship -- Protection to life and liberty - Mohammedan boy and a Hindu girl are in live-in-relationship and they wish to perform marriage - Since, there is no prohibition u/s 4 of Special Marriage Act to marry in between the respondents, State authorities directed to facilitate them to appear before Marriage Officer - If any hindrance is created by anyone,..........
Partition suit -- Family settlement - Agreement for settlement of family property is entered into to give a right to plaintiff No.2 and avoid what would otherwise take place by normal entitlement of sharers under Mohammedan law - Defendant failed to prove that existence of Will and also family settlement is a fabricated document - Once the family settlement is proved as..........
Indian Penal Code, 1860, Section 363 -- Kidnapping of children by their own father - Parties are governed by Mohammedan Law - Father is lawful guardian of his male children during their minority - If father takes a minor child from custody of mother who is certainly not the legal or natural guardian, though entitled to the custody of child until it reaches a particular..........
Mohammedan Law -- Dissolution of marriage by Shariat Council - Writ petition - Maintainability - Shariat Council is a society registered under T.N Societies Registration Act - It exercises overwhelming power over members of Jamath and give a impression that of a public body - Private body exercising power as that of public body is amenable to jurisdiction u/art 226 of..........
Mohammedan Law -- Divorce (Khula) - Private bodies such as Shariat Council cannot pronounce or certify dissolution of marriage by Khula, as they are not Courts or Arbitrators of disputes - However, it is open for a Muslim Woman to exercise her inalienable rights to dissolve marriage by Khula recognized under Muslim Personal Law (Shariat) by approaching Family Court -..........
Mohammedan Law -- Oral gift by husband in favour of his wife - Where a husband makes a gift to wife either of the matrimonial home occupied by both of them or any other property belonging to him, there is no need for any actual physical departure by donor...........
Mohammedan Law -- Will - Conditions to be fulfilled for a valid Will executed by a Mahomedan - (a) A bequest may be executed by any Muslim to another including institution and a class of people; (b) The persons entitled to make or take a Will must have capacity to make or take a Will; (c) A bequest must be made of some subject; (d) Formalities of making a Will must be..........
