JAIWANTI MAFATLAL GAGALBHAI Vs. ARVIND NAVINCHANDRA MAFATLAL

JUDGEMENT

(1.) DURING the pendency of the investigation of pauperism of the petitioner herein the respondents have applied to this Court for rejection of the application of the petitioner to sue as a pauper under Order 33 Rule 5 of the Code of Civil Procedure on the ground that the plaint does not disclose any cause of action. For the purpose of this application it must be assumed and I am assuming that the allegations contained in the plaint are correct.

(2.) THE Petitioner claims to be an illegitimate daughter of one Mafatlal Gagalbhai (hereinafter referred to as the said deceased ). The petitioner has alleged that her mother Sushilabai was concubine and Avaruddha Stree of the said deceased during his life time. The said deceased died intestate on the 19th day of July 1964, living behind him surviving his two sons, named Navinchandra and Bhagubhai, as his heirs and next-of-kin according to Hindu Law. The said Navinchandra and Bhagubhai have died, and Respondents Nos. 1 to 3 are the sons of the said Navinchandra and Respondent No. 4 is son of the said Bhagubhai. The petitioner alleges that she is unmarried, and as such illegitimate unmarried daughter of the said deceased, is entitled to maintenance out of the estate left by the said deceased. The petitioner also claims to be entitled to have a suitable provision made against the estate of the said deceased for her marriage expenses. The petitioner accordingly seeks to recover from the estate of the said deceased Mafatlal in the hands of the respondents, arrears of maintenance and future maintenance till she is married and for suitable provision made for her marriage expenses.

(3.) THE question that falls for my determination is "do the aforesaid facts disclose any cause of action?" In other words, will the Court grant any relief to the petitioner on the aforesaid facts being ultimately established before the Court? The consideration of this question depends upon the construction of the provisions contained in Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the said Act ).