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Muslim man's marriage with Hindu woman is irregular; Child born is legitimate: SC
 
New Delhi: A child born out of a marriage between a Hindu woman and a Muslim man is a legitimate one and he or she is entitled to a share of his father's property, the Supreme Court ruled on Tuesday.

A bench of Justices N.V. Ramana and Mohan M. Shanthanagoudar held that the marriage between a idol worshiper and a Muslim man is neither valid nor void but an irregular. But a child born out of that marriage is legitimate. Any child born out of that wedlock is entitled to claim a share of his father's property.

The rule came on a petition given by Shamsudeen in a property dispute with his cousins. Shamsudeen was born out of a marriage between a Muslim man, Muhammed Ilias and a Hindu woman, Valliyamma. However, Shamsudeen's cousins contended that his mother was not legally wedded to Ilias and that Valliyamma was a Hindu by religion at the time of marriage.

While dismissing the appeal, the SC said the conclusions of the Trial Court and the High Court were justified.

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