HIGHLIGHTING THE LEGAL AND JUDICIAL RESPONSE IN RELATION TO THE STATUS OF ILLEGITIMATE CHILD UNDER MUSLIM LAW IN INDIA
Keywords:
Illegitimate Child, valid marriage, illicit relationship, Judiciary, Inheritance, MaintenanceAbstract
Every child should have all fundamental human rights for their well-being and development. The plight of illegitimate children has always been disgraceful. Muslim law believes that for being a legitimate child a valid marriage is always required. There is no status of illegitimate child under law. Both the Schools do not recognize the right of inheritance of an illegitimate child. Efforts have been made in the international sphere to give equal status to the illegitimate children. In India, under Cr.P.C, maintenance right from the parents has been recognized for the illegitimate children. All children deserve equality, despite their differences. The concern of the legislature and the judiciary in this area needs to promote the interest of the child.
References
1. The Convention on the Rights of Child, [ONLINE] Available at: https://www. acyp.nsw.gov.au (Visited on November 06, 2020).
2. Children’s Right: International Laws, [ONLINE] Available at: https://www.loc. gov/law/help/child-rights (Visited on November 06, 2020).
3. Legitimacy and Parentage under Muslim Law, [Online] Available at: https://www. toppr.com/guides/legal-aptitude/family- law (Visited on November 03, 2020).
4. Legitimacy and Parentage under Muslim Law, [ Online] Available at: https://www. toppr.com/guides/legal-aptitude/family- law (Visited on November 03, 2020).
5. Aqil Ahmad, Mohammadan Law, 178 Central Law Agency, Allahabad, Twentieth Edition, 2001.
6. (1921) 48 IA 114.
7. Zina is an Islamic legal term, meaning illicit sexual relations. According to traditional Jurisprudence, Zina can include adultery (of married parties), fornication (of unmarried parties), prostitution, rape, sodomy, homosexuality incest and bestiality. [Online] For details see, https:// en.m.wikipedia.org/wiki/Zina (visited on November 3, 2020).
8. AIR (1933) All.329.
9. R.K. Sinha, Muslim Law (As applied in India), 113 Central Law Agency, Allahabad, 6th Edition, 2006.
10. (1903) 30 Cal. 683
11. AIR 1963 All 143
12. AIR 1959 Ker. 319
13. (1985) 1 SCC 637 Cite this Article Pratim Sarkar, Bashudeb Guha . Response in Relation to the Status of Illegitimate Child under Muslim Law in India. Journal of Family & Adoption Law . 2020; 3(2): 24–27p.
