Muslim Law

 

 

Muslim Law

 

Muslim Law

The donor executed a deed of ‘Arpannama by making a provision for the donee. Thereby for enjoyment of usufruct of the land gifted but prohibiting any kind of transfer during her life time having reservation therein of heirship if donors heirs after donees death. Such deed is not a deed of gift, but a gift of usufruct knownin Muslim law as ‘Ariyat”. There is a distinction between gift (Hiba) and Arlyat’ in Muslim law. Such gift by Arpannama is not a gift of corpus, but a gift of usufruct for life, which is permissible as the Muslim law stands today in the sub-continent. [Paras-10, 11, 12 & 16]

Rebjel Mondal Vs. Didar Mondal & Ors. 3 BLT (AD)-83.

Custody of the daughters of a broken home

The petitioner father claimed custody of both the daughters, alleging that respondent mother had not been looking after the children properly since she had re-married—Held: We have carefully perused the impugned judgment which has at length taken notice of all the facts attending the question of welfare of the two children, The learned Judge in his anxiety also examined the two children in his chamber. The elder daughter clearly made her preference to live with her father and similarly the younger one opted for the mother. It seems from their examinations that both the children have fairly and intelligently developed their own preferences and keeping in view the subsequent family life of both the petitioner and the respondent, we do not think that the learned Judge of the High Court Division acted wrongly or in detriment to the interest of the children in any way by modi1ring the decree of the Courts below, We are satisfied that the impugned order will be in the best interest of the girls. [Para-6]

Major (Retd.) Rafiq Hasan Farook Vs. Zeenat Rehana & Ors 7 BLT (AD)-106.

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