CHAND PATEL V. BISMILLAH BEGUM
The facts of the case include the petitioner Chand Begum who filed an application for maintenance before the Magistrate for herself and her minor daughter on the ground that the respondent-husband married her sister and after which she has been neglected and not maintained.
Issues: The Supreme court dealt with the questions of:
• Whether marriage of a Muslim man to sisters would be a valid marriage, void marriage or a mere irregular marriage.
• Whether the husband will be liable to maintain both the sisters.
Held:
The Supreme court held that the marriage of a man with two sisters shall not be void. It stated that this marriage shall merely be irregular in nature. And further discussed that the child of out such marriage shall be entitled to inheritance from his father.
It was further discussed that a marriage in which the wife is Hindu and the child born out of such marriage shall also have the right over the inheritance. It stated that marriages which have taken place without any witnesses or marriage during the ‘iddat’ period of the former wife only these are circumstances under which the marriage between the parties can be held to be invalid.