Madras High Court Permits Hindu Wife to Perform Last Rites of Muslim Husband while Adhering to Islamic Customs

The Madras High Court just lately permitted a Hindu spouse to conduct the final rites for her husband, who had transformed to Islam after being concerned in a bootleg relationship with a Muslim girl, whom the person had married later.

The bench of Justice GR Swaminathan mentioned that although “the man was no Kabir, yet his death had given rise to a serious dispute over his dead body” which was mendacity within the mortuary of a authorities hospital.

The Hindu spouse and the Muslim son of the deceased had approached the court docket searching for custody of the person’s physique. The Hindu spouse, asserting her rights because the lawful partner, argued for the best to carry out the final rites. The Muslim son contended that he and his mom had the rightful declare to conduct the person’s last rituals due to his conversion to Islam earlier than his demise.

The court docket famous that although there was no dispute over the truth that the deceased had embraced Islam earlier than his demise, his marriage to the Muslim girl couldn’t be recognised as authorized.

The HC identified that the deceased, Balasubramanian, married his Hindu spouse B Shanthi in 1988. A lady little one was born out of that wedlock. However, later he developed illicit intimacy with one Syed Ali Fatima and embraced Islam. He then turned Anwar Hussain and married Fatima as per Islamic rites and customs in 1999. A son was born out of that marriage.

Balasubramanian notified by means of Tamil Nadu Government Gazette in 2017 that he had transformed to Islam with the identify of Anwar Hussain on May 10, 2016. Subsequently, he filed a plea earlier than the household court docket searching for the dissolution of his marriage with Shanthi. In 2021, the household court docket granted his plea. However, dissatisfied with this determination, Shanthi filed an enchantment. Upon evaluation, the Additional District Judge overturned the household court docket’s order.

The excessive court docket famous a peculiar side of the household court docket’s determination. It identified that regardless of a 1993 order that had beforehand awarded upkeep to Shanthi, the trial choose had concluded that she had been merciless to her husband, main to the grant of divorce to Balasubramanian.

It held that the Additional District Judge had rightly put aside the choice of the trial court docket and that Shanthi alone could possibly be thought-about because the legally wedded spouse of Balasubramanian @Anwar Hussain.

Referring to the case of Lily Thomas V Union of India (2000) determined by a division bench the place it was held {that a} man’s second marriage after changing to Islam with out dissolving the primary marriage is an offence punishable underneath the penal legislation, the single-judge bench held that solely Shanthi in addition to her daughter, because the legally wedded spouse and legit daughter of the deceased, have been entitled to supply their respects within the customary spiritual method.

However, the court docket harassed that because the man had died a Muslim, he had to be buried solely as per Islamic rites and customs.

“Syed Ali Fatima and Abdul Malik are of course entitled to participate in the funeral rites after Jamath takes over,” the HC added while directing the police to make sure that each events adhere to the course given by the court docket.