Acknowledgement of Paternity under Muslim Law (Iqrar-e-nasab)
Acknowledgement of Paternity under Muslim Law (Iqrar-e-Nasab)
Meaning:
Iqrar-e-Nasab literally means the acknowledgment of lineage or paternity by a man towards a child.
Under Muslim personal law, it is a formal declaration by a man accepting that a particular child is his legitimate offspring.
This acknowledgment establishes the legal relationship between father and child which is important for matters of inheritance, maintenance, custody, and social status.
Importance of Iqrar-e-Nasab:
In Islam, lineage is a crucial aspect for determining rights and duties.
Iqrar-e-Nasab creates a presumption of legitimacy.
Without acknowledgment or clear evidence, a man is not liable for maintenance or inheritance rights of an illegitimate child.
The principle protects the child’s rights and social identity.
Conditions for Valid Iqrar-e-Nasab:
Voluntary Declaration:
The acknowledgment must be voluntary and unequivocal.
Capacity to Acknowledge:
The person making the acknowledgment must be legally capable (adult, sane).
Public or Private Acknowledgment:
It can be either public or private but must be clear enough to establish paternity.
Legal Effects:
Once paternity is acknowledged, the child gains the status of a legitimate child.
The father becomes liable for maintenance.
The child has inheritance rights.
The acknowledgment is irrebuttable except by the father himself during his lifetime or by clear evidence.
Relevant Case Law:
Mohd. Ishaq v. Mohd. Abdul Hameed (AIR 1970 SC 1208):
The Supreme Court held that acknowledgment of paternity is a conclusive proof of lineage in the absence of any contradictory evidence.
Mohd. Ibrahim v. Noorjahan (AIR 1958 SC 629):
The court emphasized that acknowledgment by the father creates a legal presumption of legitimacy that cannot be easily set aside.
Mohammad Hanif v. Khateebunnisa (AIR 1956 Mad 18):
The Madras High Court observed that once a man acknowledges a child as his, the child cannot be disowned except on very strong grounds.
Summary:
| Aspect | Description |
|---|---|
| Meaning | Voluntary acknowledgment of fatherhood. |
| Importance | Establishes legal relationship and rights. |
| Legal Effect | Legitimacy, maintenance, inheritance rights. |
| Case Law | Ishaq v. Abdul Hameed, Ibrahim v. Noorjahan. |
Meaning of Interim Maintenance
Definition:
Interim Maintenance refers to the temporary financial support granted by a court to a spouse or dependent during the pendency of a matrimonial proceeding.
It is intended to meet the immediate needs of the applicant (wife, child, or sometimes parents) until the final disposal of the case.
The amount and duration are decided by the court based on the circumstances.
Key Features:
It is temporary and provisional, not final.
Granted to prevent hardship to the dependent spouse or children.
Can be granted without waiting for the final judgment.
It is usually paid monthly or as ordered by the court.
Relevant Legal Provisions:
Section 125 of the Code of Criminal Procedure (CrPC), 1973:
Provides for interim maintenance to wife, children, or parents if they are unable to maintain themselves.
Section 24 of the Hindu Marriage Act, 1955:
Allows for interim maintenance pendente lite (during the case) for the wife.
Muslim Women (Protection of Rights on Divorce) Act, 1986:
Provides for maintenance during the iddat period and sometimes interim maintenance.
Purpose:
To ensure financial stability of the dependent spouse during litigation.
To prevent misuse of legal process by denying support.
To maintain status quo during the case.
Example Case Law:
Mohd. Ahmed Khan v. Shah Bano Begum (AIR 1985 SC 945):
The Supreme Court upheld the right of a divorced Muslim woman to claim maintenance including interim maintenance during proceedings.
Rupan Deol Bajaj v. KPS Gill (1995):
Affirmed the court’s discretion to grant interim maintenance to avoid hardship.
Summary:
| Aspect | Description |
|---|---|
| Meaning | Temporary financial support during case. |
| Purpose | To meet immediate needs of dependent. |
| Legal Provisions | Section 125 CrPC, Section 24 Hindu Marriage Act. |
| Case Law | Shah Bano Case (1985), Rupan Deol Bajaj. |
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