GURMIT SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) JAWAND Singh was murdered by the defendants-respondents. His children, gurmit Singh and Desho, filed the suit to recover compensation under the indian Fatal Accidents Act. The lower Court dismissed the suit on the ground that they were not the legitimate children of Jawand Singh. Their mother udham Kaur was a Muslim lady who had been abducted by Jawand Singh from pakistan and had lived with him and borne him the children, Gurmit Singh and desho. She was never legally married to Jawand Singh.

(2.) IN this appeal by Gurmit Singh and Desho, the finding regarding their illegitimacy is attacked. It is also urged that, even so, they are entitled to compensation under the Indian Fatal Accidents Act.

(3.) BALWANT Singh, a cousin of Jawand Singh, deposed that Udham Kaur was married to Jawand Singh in 1947 and lived with him for seven years. Gurmit singh and Desho were the children of Jawand Singh and Udham Kaur. In cross-examination he stated that Jawand Singh had kidnapped Udham Kaur, brought her to India, and married her. He admitted "the marriage was not recorded", in. India very few marriages are 'recorded' and, therefore, nothing can turn on that circumstance. Desho, the daughter, was also examined as a witness. She deposed that she was the daughter of Jawand Singh. The lower Court commented that the plaintiff's counsel deliberately did not question Desho about her relationship with Jawand Singh. It is difficult to understand the comment The defendants had the opportunity to cross-examine her on her statement in chief examination that she was the daughter of Jawand Singh. It was not suggested to her that her mother Udham Kaur was not married to jawand Singh. I see no reason to reject the testimony of Balwant Singh in the absence of any rebuttal evidence I hold that Gurmit Singh and Desho are proved to be the legitimate children of Jawand Singh.