Hindu Marriage Act or Muslim Personal Law?
family general intermediate poll_styleI've been studying Hindu Marriage Act, 1955, and Muslim Personal Law (Shariat) Application Act, 1937, for CLAT PG, and this concept is giving me a headache. When does a court consider a child born during the subsistence of a polygamous Muslim marriage as "begotten" within the marriage under Section 125 of the Code of Criminal Procedure, 1973?
Option 1: A child born even after the death of the first wife can be considered "begotten" within the marriage, as the Muslim husband can have multiple wives at the same time.
Option 2: A child born only during the subsistence of a polygamous marriage can be considered "begotten", so if the first wife dies before the child is born, the child cannot be considered "begotten" within the marriage.
Which option is correct and why?
Ek baat yeh hai ki Hindu Marriage Act is very different from Muslim Personal Law. HMA is a codified law, that is, it has a written set of rules and regulations, kya? Lekin MP Lugayen is a set of personal laws based on the Quran and the Hadith, jo apne apne hisaab se judti hain. So, ye dono dono alag-alag hain aur alag-alag situation mein apply honge.