Second marriage of Muslim man with Hindu woman invalid in India
September 15, 2021, 6:52 am

Second marriage of Muslim man with Hindu woman invalid in India

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The We For News reported according to Indian court official, the Gauhati High Court has ruled that the Special Marriage Act, 1954 does not save the second marriage of a Muslim man with a Hindu woman and as such, it would be invalid.

According to a high court order, one Dipamani Kalita, mother of a 12-year-old boy and second wife of Sahabuddin Ahmed, had earlier filed a writ petition in the court after the authority had rejected her claim of pension and other pensionary benefits after her husband’s death in a road mishap in July 2017.

The writ petition was filed in 2019 under Article 226 of the Constitution of India.

Ahmed at the time of his death was serving as a ‘Lat Mandal’ in the Deputy Commissioner’s office in Kamrup (Rural) district.

According to the We For News, Gauhati High Court judge Justice Kalyan Rai Surana said that Section 4 of the Special Marriage Act, 1954 provides that one of the conditions relating to the solemnisation of special marriages is that neither party has a spouse living.

The court said: “It is not in dispute that on the date of marriage between the petitioner and late Sahabuddin Ahmed, the latter had a spouse living… There is no document showing that the prior marriage of the husband of the petitioner with respondent No. 6 (first wife) had been annulled.”

Referring to a Supreme Court judgment, the judge said, “It appears that under the principles of Mohammedan law, the marriage of a Muslim man with an idol worshiper is neither valid nor a void marriage, but is merely an irregular marriage.”

The court said as per Section 22 of the principles of Mohammedan law by Mulla (20th edition), the capacity of marriage relates to every Mohammedan of sound mind who had entered into the contract of marriage.

“The petitioner not being a Mohammedan, the marriage would not be a marriage without strict meaning of the Mohammedan law. In the present case in hand, it is seen that the petitioner was not married as per the customary Mohammedan law, but she was married under the Special Marriage Act, 1954 and that the provisions of Section 4(a) of the said Act renders the marriage as void…

The 15-page court order said: “Moreover, the petitioner is still using her Hindu name and there is nothing on record to show that the petitioner had accepted the religion of Islam as her faith.”

The court dismissed the writ petition but ruled that under the law, the petitioner’s minor son would still be entitled to his share of pension and other pensionary benefits.

“Accordingly, it would be open to the petitioner to open a bank account in the name of her minor son and the petitioner may record her name as mother and natural guardian of her son,” the court order said.

Accordingly, the court is inclined to direct the the Deputy Commissioner of Kamrup (Rural) district to make a proposal for pension and other pensionary benefits by providing for a share of the pension on account of late Sahabuddin Ahmed to Priyanku Parash, the son of the petitioner Dipamani Kalita and late Sahabuddin Ahmed.

Source: wefornews

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BENEFIT, the Kingdom’s innovator and leading company in Fintech and electronic financial transactions service, held its Annual General Meeting (AGM) at the company’s headquarters in the Seef District.
During the meeting, shareholders approved all items listed on the agenda, including the ratification of the minutes of the previous AGM held on 26 March 2024. The session reviewed and approved the Board’s Annual Report on the company’s activities and financial performance for the fiscal year ended 31 December 2024, and the shareholders expressed their satisfaction with the company’s operational and financial results during the reporting period.
The meeting also reviewed the Independent External Auditor’s Report on the company’s consolidated financial statements for the year ended 31 December 2024. Subsequently, the shareholders approved the audited financial statements for the fiscal year. Based on the Board’s recommendation, the shareholders approved the distribution of a cash dividend equivalent to 10% of the paid-up share capital.
Furthermore, the shareholders endorsed the allocation of a total amount of BD 172,500 as remuneration to the members of the Board for the year ended 31 December 2024, subject to prior clearance by related authorities.
The extension of the current composition of the Board was approved, which includes ten members and one CBB observer, for a further six-month term, expiring in September 2025, pending no objection from the CBB.
The meeting reviewed and approved the Corporate Governance Report for 2024, which affirmed the company’s full compliance with the corporate governance directives issued by the CBB and other applicable regulatory frameworks. The AGM absolved the Board Members of liability for any of their actions during the year ending on 31st December 2024, in accordance with the Commercial Companies Law.
In alignment with regulatory requirements, the session approved the reappointment of Ernst & Young (EY) as the company’s External Auditors for the fiscal year 2025, covering both the parent company and its subsidiaries—Sinnad and Bahrain FinTech Bay. The Board was authorised to determine the external auditors’ professional fees, subject to approval from the CBB, and the meeting concluded with a discussion of any additional issues as per Article (207) of the Commercial Companies Law.
Speaking on the company’s performance, Mr. Mohamed Al Bastaki, Chairman BENEFIT , stated: “In terms of the financial results for 2024, I am pleased to say that the year gone by has also been proved to be a success in delivering tangible results. Growth rate for 2024 was 19 per cent. Revenue for the year was BD 17 M (US$ 45.3 Million) and net profit was 2 Million ($ 5.3 Million).

Mr. Al Bastaki also announced that the Board had formally adopted a new three-year strategic roadmap to commence in 2025. The strategy encompasses a phased international expansion, optimisation of internal operations, enhanced revenue diversification, long-term sustainability initiatives, and the advancement of innovation and digital transformation initiatives across all service lines.
“I extend my sincere appreciation to the CBB for its continued support of BENEFIT and its pivotal role in fostering a stable and progressive regulatory environment for the Kingdom’s banking and financial sector—an environment that has significantly reinforced Bahrain’s standing as a leading financial hub in the region,” said Mr. Al Bastaki. “I would also like to thank our partner banks and valued customers for their trust, and our shareholders for their ongoing encouragement. The achievements of 2024 set a strong precedent, and I am confident they will serve as a foundation for yet another successful and impactful year ahead.”
Chief Executive of BENEFIT; Mr. Abdulwahed AlJanahi commented, “The year 2024 represented another pivotal chapter in BENEFIT ’s evolution. We achieved substantial progress in advancing our digital strategy across multiple sectors, while reinforcing our long-term commitment to the development of Bahrain’s financial services and payments landscape. Throughout the year, we remained firmly aligned with our objective of delivering measurable value to our shareholders, strategic partners, and customers. At the same time, we continued to play an active role in enabling Bahrain’s digital economy by introducing innovative solutions and service enhancements that directly address market needs and future opportunities.”
Mr. AlJanahi affirmed that BENEFIT has successfully developed a robust and well-integrated payment network that connects individuals and businesses across Bahrain, accelerating the adoption of emerging technologies in the banking and financial services sector and reinforcing Bahrain’s position as a growing fintech hub, and added, “Our achievements of the past year reflect a long-term vision to establish a resilient electronic payment infrastructure that supports the Kingdom’s digital economy. Key developments in 2024 included the implementation of central authentication for open banking via BENEFIT Pay”
Mr. AlJanahi concluded by thanking the Board for its strategic direction, the company’s staff for their continued dedication, and the Central Bank of Bahrain, member banks, and shareholders for their valuable partnership and confidence in the company’s long-term vision.