31 Years Down, an Uncontested Will Is Probated in Bombay High Court
Moneylife Digital Team
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In an interesting case that was going on for almost 31 years, the Bombay High Court (HC) has allowed probate of a Will. What stands out from this judgement is the short but well explained research by justice GS Patel on the applicability of the Indian Succession Act to the Hanafi sect of Sunni Muslims residing in Mumbai. Further, the HC also issued time-bound directions to the concerned authorities for clearing pending dues of the property.
In his judgement on 10 March 2021, justice Patel says, The first oddity about the matter, and it is truly inexplicable, apart from being a tragic and terrible commentary on our justice delivery system, is that, though uncontested, the matter has been pending in this court for the last 31 years.
The Punjab and Haryana High Court has ruled that a Muslim girl below 18 years of age and has attained puberty is at liberty to marry anyone as per Muslim Personal Law.
CHANDIGARH: Relying on the literature on Muslim marriages and various judgments by courts, the Punjab and Haryana high court has held that a Muslim girl who is less than 18 years old and has attained puberty is at liberty to marry anyone as per Muslim personal law.
Referring to Article 195 from the book “Principles of Mohammedan Law” by Sir Dinshah Fardunji Mulla, the HC observed that a Muslim girl, on attaining the age of puberty, was competent to enter into a contract of marriage with a person of her choice.
Explaining “capacity for marriage” under Muslim Personal Law, Article 195 from Mulla’s book says, “Every Mohomedan (Muslim) of sound mind, who has attained puberty, may enter into a contract of marriage. Lunatics and minors who have not attained puberty may be validly contracted in marriage by their respective guardians. A marriage of a Mohomedan who is (of) sound mind and has attained puberty is void if it is brought about without his consent.” According to t