SAJAN HUSEN KUMBHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ld. APP. Mr. K. T. Dave waives service of rule.

(2.) These are the applications filed by the applicants, who are brothers, for temporary bail as the marriage of Suleman Husen Kumbhar, the applicant of Cri. Misc. Appln. No. 4547/98 is arranged with one Hajaraben Eliyas Paththai, aged 22 years. As this Court had in mind that under Mahomedan Law, a marriage cannot be performed with a person who is not able to achieve the object of the marriage under Mahomedan Law. Definition of marriage under Section 250 of Mulla's Principles of Mahomedan Law, 19th Edition reads as under : 'Rs.250 Definition of marriage : Marriage (nikah) is defined to be a contract which has for its object the procreation and legallizing of children'' .

(3.) Thus, the object of marriage among Muslims is to procreate children and legalize the children. A person who is undergoing life imprisonment cannot consummate marriage till the sentence to undergo is complete or the appeal is finally heard and he is acquitted. It is not known when the appeal may be heard finally, however, it would not in be near future as Criminal Appeals of 1990 or about are heard now. It cannot be said that he may be released on bail and he may consummate marriage. Such consummation, if any, in our opinion cannot be said to fulfil the object of marriage.