(SYED) SIBT MOHAMMAD Vs. MOHAMMAD HAMEED

JUDGEMENT

(1.) The question for determination in this second appeal is whether Mt. Hasina Khatun is the legitimate daughter of her father Sibt Ali.

(2.) The finding of the Court of first instance and of the first appellate Court is that Hasina Khatun was born during the continuance of a valid marriage between her mother Mt. Sakina Khatun and her father Sibt Ali, but her birth was within six months of the date of her parent's marriage.

(3.) If the question of Mt. Hasina's legitimacy is to be determined in accordance with Muhammadan Law it must be held that she was illegitimate. The rule of Muhammadan Law is stated in Wilson's Anglo-Muhammadan Law, fifth edition, at page 159, as follows: It is conclusively presumed that a child born within less than six months after the marriage of the mother cannot have been begotten by her husband in lawful wedlock.