‘1/8th share to wives by Islamic Law’: Thane Civil court denies 50% claim to cop’s property by second wife

A CIVIL court in Thane last week dismissed a plea by the second wife of a deceased policeman to seek an equal share in his estate. Though she was assisted in her effort by the man’s first wife, the court ruled that as both women were governed by the Islamic Law, they were both entitled to only one-eighth of the estate.

The suit was filed in February by Mumbra resident Nazma Deshmukh, the second wife of Inspector Bashir Deshmukh, who died intestate in July 2017.

In September 2017, Nazma announced, in an advertisement, her intention to be named in a succession certificate and claim 50 per cent of Rs 9.12 lakh. The money is presently in custody of Navi Mumbai police.

She then initiated a civil suit against Bashir’s first wife, Pareen, under the Indian Succession Act, who did not object to her claim. However, Judge G D Nirmale noted that as both women were governed by Islamic Law, they were jointly entitled to only one-eighth of the estate, under the Hanifi School of Thought. It is one of four religious schools of Sunni Muslim jurisprudence.

The judge also issued an order to grant a succession certificate in which both wives will be granted one-eighth of the property.