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august 1963

Supreme Court of India · 1963-08-23

VALIA PEEDIKAKKANDI KUTHEESSA UMMAAND OTHERS vs PATHAKKALAN NARAVANATH KUMHAMUAND OTHERS

Citation / case number
SC 1961/193
Court
Supreme Court of India
Petitioner
VALIA PEEDIKAKKANDI KUTHEESSA UMMAAND OTHERS
Respondent
PATHAKKALAN NARAVANATH KUMHAMUAND OTHERS
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that under Muhammadan law, a gift by a husband to his minor wife, accepted on her behalf by her mother, is valid if no legal guardian is available and there is a clear intention to make the gift, along with the husband divesting himself of ownership. The Court found that these conditions were satisfied in the present case, thus overturning the lower courts' decisions which deemed the gift invalid. The appeal was allowed, affirming the validity of the gift deed executed by Mammotty in favor of Seinaba.

VALIA PEEDIKAKKANDI KUTHEESSA UMMAAND OTHERS vs PATHAKKALAN NARAVANATH KUMHAMUAND OTHERS · Niyam