LAWS(KER)-1969-4-10

DOROTHY LUIZ Vs. LUIZ

Decided On April 04, 1969
DOROTHY LUIZ Appellant
V/S
LUIZ Respondents

JUDGEMENT

(1.) A long and bitter litigation that strained and injured many relationships and took many unexpected turns, has come to a quiet close today.

(2.) One A.A.D. Luiz alias Tony, a Roman Catholic Anglo Indian, had amassed a fortune, married a lady by name Dorothy but gradually diverted his amorous attentions to another by name Ammu Amma. By the first he had no issue, estrangement and separation having marred their matriomony, but by the other with whom flirtation flowered into abiding affection and quasi conjugal nexus, Viju, a girl, was born. The story of Tony snapped suddenly on 27-12-1962 when he died of heart failure at Ernakulam; but a man of wealth, on his death, becomes the cynosure of his relatives who had left him well alone when alive. Whatever that be, the brothers, widow, sweet heart and daughter and a number of others, evinced immediate interest in the estate the deceased had left behind. Disputes erupted, forensic proceedings issued and Tony dead became the apple of discord in Court among those near to him, not as to how to honour the memory of the departed Luiz but as to who should lay licit or covetous hands upon his considerable assets and so three original petitions came to be filed. They are:

(3.) Appeals were carried successfully, in a limited sense, because the Division Bench set aside findings of the learned Single Judge and directed a retrial of the petitions.