Family law and constitutional law, Schemes and Mind Maps of Law

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THE TAMIL NADU Dr. AMBEDKAR LAW UNIVERSITY (State University Established by Act No. 43 of 1997) M.G.R. Main Road, Perungudi, Chennai - 600 096. FAMILY LAW - I STUDY MATERIAL COMPILED BY Dr. S. MANJULA, Ph.D (LAW) ASSISTANT PROFESSOR DEPT. OF CONSTITUTIONAL LAW AND HUMAN RIGHTS THE TAMIL NADU Dr. AMBEDKAR LAW UNIVERSITY CHENNAI FAMILY LAW — | 5 YEAR B.B.A. / B.C.A.LL.B. (HONS) COURSE COURSE MATERIAL CONTENTS Page No. UNIT I SOURCES AND SCHOOLS OF PERSONAL LAWS 1-8 Application of various personal laws Traditional and Modern sources of Hindu Law and Muslim Law The Classical Schools of Hindu Law and Muslim Law UNIT II LAW ON MARRIAGE 9-15 Nature of Marriage Various forms of marriage and requirements for a valid marriage under Hindu, Muslim, Christian Laws and the Special Marriage Act, 1954 Void, Voidable and Valid marriage in different religious texts and statutes The concept of dower under Muslim Law UNIT III LAW ON DIVORCE AND MAINTENANCE 16 - 31 Restitution of Conjugal Rights, Judicial Separation, Nullity of Marriage and Divorce under various religious systems Court's jurisdiction and procedure for the issues raised on Marriage and Divorce In Camera Proceedings Maintenance under Hindu, Muslim and Christian Laws UNIT IV LAW ON LEGITIMACY OF CHILDREN AND ADOPTION 32 - 36 Legitimacy of children born of Void and Voidable marriages in different religious Groups Adoption under various religious systems and statutes Requisites, conditions and procedure of adoption Effect of Adoption UNIT V LAW ON MINORITY AND GUARDIANSHIP 37 - 40 Statutes relating to Guardianship Definition, types of Guardians under Hindu Law and Muslim Law Procedure for appointment and their powers Guardian under the Guardians and Wards Act, 1890 MODEL QUESTION PAPER AND ANSWER KEY 41 - 48 UNIT-I: SOURCES AND SCHOOLS OF PERSONAL LAWS Application of various Personal Laws: In India we have a system of personal law apart from the general laws. A personal law applies for instance to those who profess a particular religion, for example Hindu Law applicable to Hindus; Mohammedan Law applicable to Muslims; Christian Law applicable to Christians and so on, Personal Law operates only in that narrow field which has not yet been covered by a corresponding territorial law. In 1772 Warren Hastings enacted that in all suits regarding “inheritance, marriage, caste and other religious usages and institutions, the law of the Koran with respect to Mohammedans and the law of the Shastras with respect to Gentoos shall be invariably adhered to”. This policy was rigidly adhered to and this provision was reiterated in later regulations. Asa result of this policy at the present day Hindus are governed by the Hindu Personal Law and Mohammedans are governed by their own personal law in regard to the matters like Marriage, Matrimonial reliefs, Succession, Guardianship, Adoption, Maintenance, Gifts and Wills, Wakfs, Pre-emption etc., Likewise, the Hindus are governed by the following four major Acts: The Hindu Marriage Act, 1955 ¢ The Hindu Adoptions and Maintenance Act, 1956 The Hindu Minority and Guardianship Act, 1956 The Hindu Succession Act, 1956 The Muslims are governed by the following Acts: The Shariat Application Act, 1937 ¢ The Mussalman Wakf Validating Act, 1913 * The Dissolution of Muslim Marriage Act, 1939 The WakfAct The Muslim Women (Protection of Rights on Divorce) Act, 1986 The applicable Christian Laws are the following: The Christian Marriage Act, 1872 * The Indian Divorce Act, 1869 All the Laws with recent amendments in some of the abovementioned acts are the governing personal laws of the respective religious groups. Sources of Hindu Law: Sources can be broadly classified into two: Traditional Sources and Modern Sources Sources of Hindu Law Traditional Sources Modern Sources The Vedas Justice, Equity and Good conscience The Smritis Precedent ‘ Digests of Hindu Law Legislation Customs Traditional Sources: The Vedas: Veda means Knowledge. There are four Vedas: Rig; Yajur; Sama and Atharvana. The four Vedas are the fountain-head of Hindu religion and law. Rig Veda: The oldest of them is the Rig Veda Samhita (Collection of Hymn Veda). It consists of 1028 hymns arranged into ten mandala (groups) some of which are sub-divided into smaller groups the compilation of each group being ascribed to some renowned saintly poet-priest (Rishi) of ancient times. Yajur Veda: Yajur Veda (sacrificial veda) is a liturgical arrangement of part of the hymns of the Rig Veda, with additions, for intoning in the appropriate manner at sacrificial ceremonies. This veda contains passages in prose containing explanations and directions for the guidance of the priests. It is grouped in two parts which are known as the “Black Yaju” (Taittiriya Samhita) and White Yaju (Vajasaneya Samhita). Sama Veda: The third veda Sama Veda (Chant Veda) is also a liturgical arrangement of some of the hymns of the Rig Veda and is intended to be chanted at particular sacrifices in which the juice of the Soma plant was the principle offering. Atharvana Veda: The fourth and the last Veda, Atharvana Veda, has some hymns from the Rig Veda along with original hymns of the same kind and consists chiefly of incantations, spells, charms and exorcisms. The Vedic Religion as depicted in the Vedas is extremely simple, consisting of worship of trinity of Gods, the Fire-God Agni, the Rain-God-Indra and the Sun-God Surya. The Vedas do not contain rules of law ina connected form. There are, however, Vedic passages dealing with such topics as marriage, different kinds of sons, adoption, partirion, inheritance and Stridhana. The hymns of the Rig Veda as to marriage are used even to this day. The approximate period of Vedas is computed by historians to be 4000-1000 B.C. The period between Vedas and Smritis is marked with the development of Custom. The Smritis: Next to the Vedas, the Smritis are the most important source of Hindu Law. The early Smritis were termed as Dharma Sutras (800-200 B.C.). They were mostly in prose form and were written by the teachers expounding Vedas for the sake of their students. There are four smritis. Manu Smriti, Yagnavalkya Smriti, Narada Smriti, Brihaspati Smriti. Manu Smriti: The oldest Smriti is the Manusmriti. The Code of Manu in its present form of 2694 slokas dates from 200 B.C. The Code deals with many matters, but the part bearing upon law deals with the subject under 18 titles. They are, debts, pledges, sales, deposits, partnership, gifts, wages, agreements, boundary disputes, master and servant, husband and wife, partition and inheritance, betting and gambling, assault, defamation, theft, robbery and adultery. The Yagnavalkya Smriti: Itcontains 1010 slokas which is divided into Achara (Ritual); Vyvahara (Secular); and Prayaschitta (Expiation), Kandas or Parts. The chapter on marriage is found in Achara Kanda. In secular law the code deals with courts, procedure, ordeals, debts, pledges, partition, 12 kinds of sons, sales, defamation, assault, theft and adultery. 2 “It is of the essence of special usages modifying the ordinary law of succession that they should be ancient and invariable and it is further essential that they should be established to be so by clear and unambiguous evidence”. “ Certainity: The evidence must establish unambiguously the usage set up. When the evidence is conflicting, a uniform custom cannot be established. Reasonableness: Unreasonable customs which are contrary to public policy are rejected by courts. A custom of polyandry allowing a woman to re-marry during the lifetime of her husband was held to be immoral. Discontinuance: Family customs which are applicable only to particular families may be discontinued. Disuse puts an end to them. But a local custom is not put an end by non-user. Modern Sources: Justice, Equity and Good Conscience: It was ordained by smritis that any decision should be arrived based upon Yukthi or Nyaya. These aspects amply cover under Ancient law the modern concept of justice, equity and good conscience. The common law tradition of applying the principle of “justice, equity and good conscience”. When the law is silent ona given point was conveniently applied by the Britishers in their administration of justice in India. Afterwards the Supreme Court of India recognized that in the absence of any rule of Hindu Law the courts have authority to decide cases on the principle of “justice, equity and good conscience”. Precedent: Binding nature of previous judicial decisions on a subsequent similar case is of modern origin came into vogue during British period. The principle of Stare decisis is applied by the Indian Courts. The decisions of the Supreme Court are binding upon all courts except upon itself and of the High Court on all its sub-ordinate courts. Legislation: Legislation is a vital source of modern Hindu law. During British period, only very few legislations were passed touching personal laws of Hindus, in tune with the British policy of non-interference in the matters of personal status of native Indians. Sources of Muslim Law A votary of Islam recognizes only one God and acknowledges Mohammed as His Prophet. The children of such person are mahomedans. When only one parent isa mahomedan, the upbringing of the child in the mahomedan faith makes the mahomedan law applicable to the child. There can be conversion to Islam and such converts are governed by Mahomedan Law. There are four sources of Muslim Law: “ The Quran; “> Sunna; * — Tjmaa; and * Qiyas. (a) The Quran: The Quran is the scripture of the Muslims and is of divine origin. It contains 6000 verses revealed to the Prophet by the angel Gabriel as the message of God. About 80 verses of the Quran deal with legal matters such as inheritance, guardianship, marriage, divorce, prohibition of usury etc. Since the Quran represents the voice of God its authority is paramount. 4 (b) Sunna (Tradition): Sunna consists of the precedents or usage of the prophet. They deal more with the principles of Islamic religion rather than with positive law. The Sunna being divinely inspired ranks equal to the Quran. (c) Ijmaa: Ijmaa is the consensus of the jurists. The efficacy of Ijmaa is based upon the following text: “God will not allow his choosen people to agree on an error”. Ijmaa has validity so long as it is not opposed to Quran or to the Sunna. (d) Qiyas: Qiyas is analogical deduction from the comparison of the other three sources. The Shias, one of the sects of Mahomedans, do not accept the binding authority of Qiyas as a source of law. Place of custom in Mahomedan Law: Custom as such has not been enumerated among the sources of Mahomendan Law. However, when mass conversions took place in India, the convert6s were allowed to follow their pre-existing law in matters relating to inheritance, Customary law was superseded by the Shariat Act, 1937. This means that contrary custom displacing the Shariat is swept away. SCHOOLS OF HINDU LAW Origin of the Schools of Hindu Law: Different Schools of Hindu Law arose as a result of various commentaries on the smritis. The authority of the Vedas and the Smritis is accepted throughout India. The Smritis, however, have been the subject-matter of commentaries by eminent scholars in different parts of the country. These commentaries seem to have imported local customs into the sacred texts by a process of interpretation. These customs being different in different parts of the country. It is in this way because of the varying authority of the commentators in different parts of the India, schools of law arose among Hindus. Mithakshara and Dayabhaga Schools: There are two main schools. Mithakshara School and Dayabhaga School. The Dayabhaga School is confined to Bengal and it takes its name after the work entitled the Dayabhaga written by Jimutavahana. The Dayabhaga is, in fact, only a chapter of a larger work of that author, but this chapter alone is now extant. The rest of India follows the Mithakshara School which was written by Vijnaneswara as a commentary on the Yagnavalkya Smriti. The Mithakshara (which means measured words) is regarded as authority even in Bengal in regard to all matters on which there is no contradictory opinion expressed in the Dayabhaga. The Mithakshara School is usually subdivided into four schools, namely, the Dravida School, the Maharashtra School, the Benaras School and the Mithila School. Sub-Schools of the Mithakshara: The Mithakshara School may be sub-divided into four schools: Dravida School: In addition to the Mithakshara, in southern India certain law books are treated as of great authorities. They are Parasara Madhaviya, Smritichandrika, Saraswativilasa and Vyavahara Nimaya. 5 Vivada Ratnakara: This is a Nibanda work written by Chandeswara, who was the Chief Judge and Minister of king Harasimhadeva of Mithila. It was composed in the 14" century. Madanaparijatha: This was composed under the patronage of king Madanapala. It was composed between 1360 and 1390 by Visweswarabhatta, who was also the author of Subodhini, a commentary on the Mithakshara. Differences between Mithakshara and Dayabhaga Schools: “Joint Family: Under the Mithakshara the father’s power are qualified by the son’s equal right by birth. But, there is no right by birth under Dayabhaga. The father has uncontrolled power of alienation over the family property. “Survivorship: Brothers who have inherited property from their father have a right of survivorship in the Mithakshara joint family. The Dayabhaga does not recognize any right of survivorship. “| Widow’s Rights: When one of the brothers dies, his widow can succeed to his share under the Dayabhaga but under the Mithakshara her rights are excluded by the right of survivorship of the brothers. The widow can then have only a right to maintenance. * Sapinda Heirship: The relationship of Sapinda arises according to Mithakshara by community of blood. Under the Dayabhaga it arises by means of Pinda offerings to deceased ancestors. Effect of migration from one sub-school to another sub-school: Hindu Law being a system of personal law, it attaches to a person even he shifts from one place to another. So, if a Hindu migrates from a place comprised in one sub-school to another place where a different sub-school of law prevails he carries his personal law with him. In Balwantrao v. Bajirao, parties from Poona had settled down in Central Provinces. The Privy Council held that it was not the Benaras School but the Maharashtra School of Law that would apply to such a case. SCHOOLS OF MAHOMEDAN LAW The Mahomedan brotherhood split into two great sects on the death of the Prophet which occurred in 632 A.D. The Prophet was both temporal ruler (Caliph) and the Supreme Preceptor (Imam). On his death, father-in-law, Abu Bakkar was elected as the first Caliph. The supporters of the principle of filling the office by election came to be called as Sunnis. The opponents of this procedure regarded the office as not open to election. It had to devolve on Ali (Son-in-law of the Prophet) who was his nearest relation as paternal uncle’s son. The supporters of succession to the office by inheritance to the prophet are known as Shias. In the field of law a separate Shia School was founded by their sixth Imam Jafar-as-Sadik. The Shias accept only such traditions of the Prophet as have been endorsed by the Prophet’s household. They do not accept Qiyas as a source of law. In the field of intestate succession there are radical differences between the Shias and the Sunnis. The Shias are in a majority in Persia (Iran). In India they are in a minority. Sub-Schools among Sunnis: The Sunnis are the preponderant majority among Muslims in India. The presumption in India is that a mahomedan is governed by the Sunni School of Law (Hanafi Sub-School). The Sunni School is sub-divided into four schools as follows. a. Hanafi School: This school is named after the great jurist Abu Hanifa (699-767 A.D.) who was a pupil of Jafar-as-Sadiq, founder of the Shia School. It was founded in Kufa (which is now modern Iraq). The doctrines of the Hanafi School were elaborated in the Hedaya. During the period of Aurangazeb, the Sunni doctrines were collected in the Fatwa-i-Alamgiri. this was translated into English by Bailee and is known as Bailee’s digest. 4 b. Maliki School: Malik-ibn-Anas (713-795 A.D.) founded a School attaching great importance Ijmaa asa source of law. He propounded his doctrines in his great work Kitab-at-Muwatta. c. Shafei School: Muhammad-ibn-Idrisash-Shafei (767-820 A.D.) a pupil of Malik-ibn-Anas, founded this School in Egypt. He gives greater prominence to Ijmaa even than Malik. d. Hanbali School: Ahmed-ibn-Hanbal (780-855 A.D.) a pupil of Shadei founded this School. He was born at Baghdad and his followers are to be found largely in Syria and Palestine. e. The Jafari School (Ithna Ashari School): The founder, Imam Jafar was the 6th Imam of the Shias and he died in 765 A.D. The 11th Imam in the line of succession died in 873 A.D. His son, aged 5, entered a cave near their house and was never seen again. He was to be the 12th Imam. The followers of this School believe that the 12th Imam who disappeard will one day re-appear. this School, thus, came to be called the Ithna Ashari School or School of Twelvers. The Shias belong to this School. In India the Sunnis belong either to the Hanafi or the Shafei School. The Shias follow the Ithna Ashari School. The Maliki and Hanbali Schools have no followers in India. Registration of Marriage: There is no provision for compulsory registration of a marriage under the Hindu Marriage Act, 1955. Section 8 of the Hindu Marriage Act, 1955 makes registration optional and Sec 8(5) specifically states that validity of any marriage is not affected by failure to register it. But, in a recent judgment by the Supreme Court in Seema v. Ashwani Kumar AIR 2006 SC 1158, the court has issued directions that the marriages of all persons who are citizens of India belonging to various religions, should be made compulsorily registrable in their respective states where the marriage is solemnized. If the marriage is registered, the dispute concerning solemnization of marriage is avoided; it protects the women’s rights relating to marriage to a greater extent; it has great evidentiary value in the matters of custody of children, rights of children, and the age of parties to the marriage. The Supreme Court has directed the states and the Central Government to take concrete steps in this direction. * While the Special Marriage Act, 1954, provides for registration of marriages, s.16 thereof, which refers to procedure for registration does not require publication of the factum of marriage in a newspaper for the purpose of registration. Under Section 15 of this Act parties required to have completed the age 21 at the time of registration of the marriage. The Registrar cannot refuse to register a marriage on the ground that the marriage of the parties was solemnized when one of the parties was below the age of 21. Ifthe parties are 21, the registrar has to register it as it was held in Baljit Kaur Boparai v. State of Punjab, (2009) I DMC 28 (P&H — DB). Marriage under Muslim Law: Marriage or Nikah, according to Muslim Law, is ‘defined to be a contract which has for its object the procreation and legalizing of children’. Thus a Muslim marriage is a contract and its object is (a) procreation, and (b) legalizing children. There is no formality nor any religious ceremony required for a marriage. Since, marriage in Islam is a contract, the usual conditions necessary to constitute a valid contract are to be fulfilled. Conditions for Valid Marriage: The essential requirements for a valid Muslim marriage are capacity to contract marriage, proposal and acceptance, and absence of any impediment to the marriage. Capacity for Marriage: Every Muslim who is of sound mind and who has attained puberty has the capacity to marry. Marriage of such person without his/her consent is void. Persons who not of sound mind or have not attained puberty can be contracted in marriage by their guardians. Further, a Muslim woman cannot marry any man who is not a Muslim. As toa man marrying a non-Muslim woman, while a Sunni Mohammedan if she is a Kitabia but a Shia Mohammedan cannot marry even a Kitabia. If the parties have become Muslim by conversion before the marriage, then there is no bar. Proposal and Acceptance: There should be a proposal ijab, and an acceptance qubul of the proposal. The proposal and acceptance has to be made either by or on behalf of the parties. This has to be done in the presence and hearing of two male, or one male and two female, witnesses who must be sane and adult Mohammedans. It is significant to note that the proposal and acceptance must both be expressed at one meeting; a proposal at one meeting and its acceptance at another does not constitute a valid marriage. Impediments to a valid marriage: The following are the impediments or prohibitions to a valid Muslim marriage, viz.: i. | Amarried woman cannot contract another marriage while her husband is alive and the marriage is subsisting. Such marriage is void. 10 The bar of consanguinity renders a marriage void. The following are the prohibited relationships of consanguinity, viz., a man cannot marry his: a) Ascendants, for e.g., mother or grandmother, how highsoever; b) Descendants, for e.g., daughter or grand-daughter, how lowsoever; c) Hissister, whether full, consanguine or uterine; d) — Hisniece or great niece, how lowsoever; e) Hisaunt or great aunt, how highsoever, whether paternal or maternal. Such marriage if contracted is void. iii. Marriage is also prohibited on ground of affinity. Thus, a man cannot marry: a) His wife’s mother, or grandmother, how highsoever; b) His wife’s daughter or grand-daughter, how lowsoever, if his marriage with his wife is consummated; c) His father’s wife or any other ascendant’s wife; and d) — Hisson’s or any other lineal descendant’s wife. Such marriage if contracted would be void. iv. Fosterage is another impediment to a valid Muslim marriage. While the above-mentioned bars would render a marriage void, certain prohibitions are only relative in nature, and would render a marriage only as irregular. These are marriage with a fifth wife, marriage without proper witnesses, marriage when there is a difference of religion, unlawful conjunction, or marriage with a woman undergoing iddat. Muta Marriage: The word ‘muta’ literally means ‘enjoyment, use’. It is a marriage for pleasure’ for a fixed period of time, also known as temporary marriage. The institution of muta, which was fairly common in Arabian before and at the time of the prophet, is now not recognized by any school of Muslim law in India, except the Ithna Ashari or Shia School. In practice, however, the institution of muta marriage is almost obsolete in India. Essentials of Muta Marriage: There are four essentials of muta,viz. i, ii. iii. iv. Form, i.e., proper contract which means declaration and acceptance; Subject., i.e., aman can contract a muta marriage with a woman professing the Mahomedan, Christian or Jewish religion or even witha fireshipper, but not with a woman following any other religion. A Shia woman, however, cannot contract a muta with a non-Muslim. Relations prohibited by affinity are also unlawful in such marriage; Term, which means that the period of cohabitation should be fixed, which may be a day, a month, a year or a term of years; and Dower. 11 1) _ neither party should have a husband or wife living; 2) neither party is an idiot or a lunatic; 3) _ the bridegroom must have completed the age of 21 and the bride the age of 18 years; 4) the parties are not within the degree of prohibited relationship which are enumerated in the first schedule of the Act; 5) | Where the marriage is solemnized outside the territories to which the Act applies, both parties should be citizens of and domiciled within the territories to which the Act applies. The marriage under the Special Marriage Act is a civil marriage by registration. The certificate of the Marriage Officer that this has been done is conclusive evidence of the factum of marriage under the Act. The parties applying for registration should have been residing within the jurisdictional area of the Marriage Officer for not less than 30 days immediately prior to their application. They should have completed the age of 21 years at the time of registration. The effect of registration under this Act is that the marriage would be deemed to have been solemnized under this Act. Void, Voidable, Irregular Marriage: A marriage, which is not valid, may be void or voidable. A void marriage is one which has no legal status, The court regard such marriage as never having taken place and no rights and obligations ensue. It is void ab initio, i.e., right from its inception. Hence, the parties are at liberty to contract another marriage without seeking a decree of nullity of the first so-called marriage. A voidable marriage on the other hand, is a marriage which is binding and valid, and continues to subsist for all purposes until a decree is passed by the court annulling the same. Thus, so long as such decree is not obtained, the parties enjoy all the rights and obligations which go with the status of marriage. A remarriage by any one of the parties without a decree of nullity is illegal as it would amount to bigamy. Statutory position regarding Void, Voidable and Irregular Marriage: The position regarding void, voidable and irregular marriage under the different personal laws are as follows: Hindu Law: A marriage solemnized in contravention of the following conditions is void under the Hindu Marriage Act, 1955, when: i. Either party has a living spouse living at the time of marriage; ii. Parties are within the degrees of prohibited relationship, unless custom or usage governing them permits such marriage; iii. The parties are sapindas of each other, unless custom or usage permits such marriage. A marriage is voidable under the Hindu Marriage Act, 1955 under the following conditions, viz: i. The marriage has not been consummated owing to the impotence of the respondent; or ii, Any of the parties is incapable of giving a valid consent because of unsoundness of mind, or though capable of giving a valid consent, has been suffering from mental disorder to such an extent as to be unfit for marriage and procreation of children, or has been suffering from recurrent attacks of insanity; iii, The consent to the marriage has been obtained from force or fraud; iv. The respondent was pregnant at the time of marriage by some person other than the petitioner. 13 Muslim Law: Under the Muslim Law, a marriage, which is not sahih, i-e., valid, may be either batil, i.e., void, or fasid, i.e., irregular. Batil: Such marriage being void, does not create any rights or obligations, and the children born of such union are illegitimate. A marriage will be void if the parties to the marriage are within the prohibited degrees of relationship, i.e., prohibited by reasons of consanguinity, affinity or fosterage. A marriage with the wife of another man or remarriage with the divorced wife when the legal bar still exists, is also void. A wife has no right to dower unless there has been consummation, in which case she is entitled to customary dower. Besides, if one of the parties dies, the other is not entitled to inherit from the deceased. Fasid: Such marriage is irregular because of the lack of some formality, or the existence of some impediment which can be rectified. Since the irregularity is capable of being removed, the marriage is not unlawful in itself. Marriage in the following circumstances is fasid, viz., a marriage that is: i, Without witnesses; ii. With the fifth wife by a person having four wives; iii. With a woman undergoing iddat; iv. Prohibited by reason of difference of religion; y. With a woman so related to the wife, that if one of them had been a male, they could not have lawfully intermarried. In the above situations, the prohibitions against such marriages is temporary or relative or accidental, and can be thus rectified: i. Bysubsequent acknowledgement before witnesses; ii. _ By divorcing one of the four wives; iii. By expiration of the iddat period; iv. Bythe woman becoming a convert to Islam, Christianity or Jewish religion, or the husband adopting Islam; v. By the man divorcing the wife who constitutes the obstacle. In Chand Patel v. Bismillah Begum, the issue was whether a person professing Muslim faith who contracts second marriage with wife’s sister during the subsistence of the earlier marriage is obliged to pay maintenance to such woman under the provisions of the Sec 125 of the Cr PC. The court held that such a marriage was not void but only irregular; if it is a temporarily prohibited marriage and could always become lawful by death of first wife or by husband divorcing the first wife. An irregular marriage may be terminated by either party, either before or after consummation. It has no legal effect before consummation. If, however, consummation has taken place, then: i. The wife is entitled to dower, either prompt or specified, whichever is less; ii. She is bound to observe iddat, the duration of which, in case of both divorce or death, is three courses; iii. Children born of the marriage are legitimate. 14