"The peculiarity of Mohammedan Law is that in certain cases, where the paternity of a child is doubtful the acknowledgement of paternity by the father confers upon the child the status of legitimacy." Comment.
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Question: "The peculiarity of Mohammedan Law is that in certain cases, where the paternity of a child is doubtful the acknowledgement of paternity by the father confers upon the child the status of legitimacy." Comment upon this statement and explain the implications of such an acknowledgement. [BJS 1984]Find the question and answer of Muslim Law only on Legal Bites. ["The peculiarity of Mohammedan Law is that in certain cases, where the paternity of a child is doubtful the acknowledgement...
Question: "The peculiarity of Mohammedan Law is that in certain cases, where the paternity of a child is doubtful the acknowledgement of paternity by the father confers upon the child the status of legitimacy." Comment upon this statement and explain the implications of such an acknowledgement. [BJS 1984]
Find the question and answer of Muslim Law only on Legal Bites. ["The peculiarity of Mohammedan Law is that in certain cases, where the paternity of a child is doubtful the acknowledgement of paternity by the father confers upon the child the status of legitimacy." Comment upon this statement and explain the implications of such an acknowledgement.]
Answer
The statement is correct that under Mohammedan Law, in certain cases where the paternity of a child is doubtful, the acknowledgement of paternity by the father can confer upon the child the status of legitimacy. This principle is based on the idea that an acknowledgement by the father creates a legal presumption of paternity, and it is considered to be a powerful tool in determining the legitimacy of a child.
However, it is important to note that this principle is not universally accepted and may vary depending on the specific laws and jurisdiction. In some legal systems, an acknowledgement alone may not be sufficient to establish paternity and legitimacy, and additional evidence may be required.
In India, under the Muslim Personal Law (Shariat) Application Act, of 1937, an acknowledgement of paternity by the father is considered to be a valid means of establishing the legitimacy of a child. The act lays down that when a child is born of a woman who is married, the child shall be deemed to be legitimate, even if it may have been born before or within six months after the date of marriage unless the contrary is proved.
In the case of Shamim Ara v. State of UP & Others, (2002) 6 SCC 518, the Supreme Court held that the acknowledgement of paternity by the father under the Muslim Personal Law (Shariat) Application Act, 1937, creates a legal presumption of paternity and the child born out of wedlock can be considered legitimate if the father acknowledges the paternity.
In the case of Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 98, The Supreme Court held that the acknowledgement of paternity by the father under the Muslim Personal Law (Shariat) Application Act, 1937, creates a legal presumption of paternity and the child born out of wedlock can be considered legitimate if the father acknowledges the paternity.
In conclusion, under Mohammedan Law, an acknowledgement of paternity by the father can confer upon the child the status of legitimacy in certain cases where the paternity of a child is doubtful. However, it is important to note that this principle may vary depending on the specific laws and jurisdiction. In India, under the Muslim Personal Law (Shariat) Application Act, of 1937, an acknowledgement of paternity by the father is considered to be a valid means of establishing the legitimacy of a child. The Supreme Court of India has also held that the acknowledgement of paternity by the father under the Muslim Personal Law (Shariat) Application Act, 1937, creates a legal presumption of paternity and the child born out of wedlock can be considered legitimate if the father acknowledges the paternity