KRISHNAKUMARI THAMPURAN Vs. PALACE ADMINISTRATION BOARD KALIKOTTA FORT

JUDGEMENT

(1.) An issue arising from a claim for partition intractably pursued by a member of the erstwhile Cochin Royal Family in the first instance and thereafter by her two sons born out of her relationship with a person professing a different religion, has given rise to this litigation. No doubt, the issues have become more perplexing due to the peculiar nature of the property involved, firstly by the fact that the personal law applicable to the members of the erstwhile Cochin Royal Family was the Marumakkathayam Rules of inheritance; secondly on account of the successive statutory interventions applicable to the system of Joint Hindu Family in the State as a whole, and sometimes applicable to the erstwhile Cochin Royal Family. We will recapitulate the bare essential facts necessary to understand the issues arising for consideration.

(2.) The first appellant (now deceased), was a member of the erstwhile Cochin Royal Family. She married a Namboodiri and a male child was born in the wedlock. Later, during the lifetime of her husband and during the subsistence of the marriage, she entered into a relationship with a Muslim and begot two children, viz., appellants 2 and 3.

(3.) The claim, which is adjudicated in this appeal was one which was raised on behalf of appellants 2 and 3, who are children of the first appellant, born to a Muslim. The claim was pursued qua a share in the properties which belong to the erstwhile Cochin Royal Family. It may noted, at the outset, that the claim raised by the first appellant, now deceased, as regards her share in the erstwhile Joint Hindu Family properties was entertained and satisfied, though the first appellant earlier had expressed a dissatisfaction regarding the quantum of the share allotted to her in this regard. As noted by the learned single judge, that claim was not pursued by the 1st appellant.