PAVITRI Vs. KATHEESUMMA

JUDGEMENT

(1.) The short point for decision in this Second Appeal is as to whether an illegitimate daughter of a Mohammadan is entitled to get maintenance from the assets of her putative father in the hands of his heirs.

(2.) The suit was for recovery of a sum of Rs. 60/- being the amount due as arrears of maintenance to the plaintiff and for costs from the defendants who are the heirs o the plaintiff's father, one C.P. Moosan Moopan. According to the plaintiff, her mother Kalliani was the wife of Moosan Moopan and the plaintiff was a child born of that union. The deceased Moosan Moopan was maintaining the minor plaintiff and her mother till his death in about September 1951. The first defendant is another wife, and the second defendant is a daughter of the said Moosan Moopan. Defendants 3 to 6 are the sisters of Moosan Moopan. The defendants, who are the heirs of Moosan Moopan, have not paid any maintenance to the plaintiff after the death of Moosan Moopan, though they are admittedly in possession of the self- acquired properties of Moosan Moopan, The plaintiff claimed maintenance at the rate of Rs. 15/- per month with a charge on the assets of her father, Moosan Moopan.

(3.) Defendants 3 to 6 remained ex parte and defendants 1 and 2, the widow and daughter of Moosan Moopan alone contested the suit. The defence was (a) that the plaintiff's mother was not the wife of Moosan Moopan; (b) that the plaintiff was not a child born of Moosan Moopan and the plaintiffs mother; and (c) that the plaintiff is not entitled in law to claim maintenance from the assets of Moosan Moopan, as illegitimacy is not recognised in Mohammadan Law. Contentions were also raised regarding the rate of maintenance, claimed by the plaintiff.