PROBLEM STATEMENT
1. Magicland is a Sovereign, Secular, Democratic Republic, having its
own written Constitution, which guaranteed some Fundamental
Rights to all its citizens. Right to equality before the law and
protection against discrimination on the grounds of religion or sex,
among others, are part of the Rights to equality guaranteed by the
Constitution. However, the personal laws applicable to the citizens
varied depending upon the religion to which one belongs. As far as
Muslims are concerned, they are governed by The Muslim Personal
Law (Shariat) Application Act 1937. This law deals with marriage,
succession, inheritance and charities among Muslims.
2. Ms. Sadia and Mr. Sulthan, both Muslims and citizens of Magicland
got married in 2003 as per the customs of the Muslim personal law.
Although they are leading a happy married life, they could not
procreate children, despite appropriate medical treatment. Except
for this fact, Mr. Sulthan and his parents looked after Ms. Sadia very
well. However, on the advice of parents, Mr. Sulthan married
another lady by name Ms. Sufia in 2010, with the consent of Ms.
Sadia. Ms. Sufia was informed in advance that she would be Mr.
Sulthan’s second wife. Ms. Sufia accepted Mr. Sulthan as her
husband and their marriage was performed as per the customs of
Muslim personal law.
