1963 (12) TMI 38

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....or partition on a claim that on his birth he became a member of the joint Hindu family which his father V.R. Sadagopa Naidu, the first Defendant, in the suit, formed with the other nine persons impleaded as Defendants Nos. 2 to 10. His case is that Padmavathi and Sadagopa were validly married on June 24, 1948 and of that marriage he was born. The main contention of the contesting defendants is that there was never any marriage of Padmavathi and Sadagopa and that Bhakthavathsalam is not Sadagopa's son. 2. On both these points the trial Court found the Plaintiffs' case proved and rejected the defence pleas. At the trial a further point was raised that even if any marriage between Padmavathi and Sadagopa did take place that was not ....

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....gitimate son vis-a-vis the coparcenary to which his father belonged. The validity of the Act was unsuccessfully challenged. Accordingly, the High Court affirmed the judgment and decree passed by the trial Court and dismissed the appeal. Against this decision of the High Court the present appeal has been filed by the: Defendants with special leave. 4. In support of the appeal, Mr. Pathak tried first to attack the concurrent findings of facts of the Courts below as regards the marriage between Sadagopa and Padmavathi and the fact of the Plaintiff being born of Padmavathi to Sadagopa in that marriage. Learned Counsel wanted to say that the findings of the High Court on these points were vitiated by misreading of important items of evidence.....

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....n born of the marriage would be legitimate, but argued that the same result would not follow in the case of a marriage which having been celebrated before the date of the Act was invalid at the time and the children were illegitimate then. The illegitimate children, he argues, were not made legitimate by this Act. For that purpose an express provision was necessary, according to the learned Counsel. In support of his arguments he has drawn our attention to the wordings of Section 1 of the Hindu Widows' Re-Marriage Act, 1856, which is in these words: No marriage contracted between Hindus shall be invalid, and the issue of no such marriage shell be illegitimate, by reason of the women having been previously married or betrothed t....