TAJBI ABALAL DESAI Vs. MOWLAKHAN ALIKHAN DESAI

JUDGEMENT

(1.) The only question we have to answer is whether Tajbi is under the Mahomedan law, the legitimate (laughter of Hussankhan.

(2.) The admitted facts are that he first married Amabi and subsequently her sister Sadabi, who is the mother of Tajbi. The later marriage took place during the subsistence of the marriage with Amabi and both sisters appear to have survived him.

(3.) The same question arose in the case of Aizunnissa v. Karimunnissa (1895) I.L.R. 23 Cal. 130. The Calcutta High Court held that the issue of a sister of the husband s first wife, if the second marriage was contracted or consummated during the continuance of the first, that is before the sister first married had died or been divorced, was illegitimate.