..., Myaram and Taukooram reported in 8 M.I.A. 400 was concerned with the status of a joint Hindu family constituted by illegitimate children of the Christian father and different Hindu mothers. The Privy...Council concluded that a family constituted by such illegitimate children of Christian father through different mothers cannot be called an united Hindu family or a joint Hindu family in the ordinary...Court was concerned with illegitimate children of a Hindu who were recognized as legitimate, in view of Section 16 of the Hindu Marriage Act. The Hon...

...not been considered on merits and in accordance with law. The petitioner contends that as per the Christian Law of Inheritance, illegitimate children are not entitled for any share from the deceased...petitioner to approach the Civil Court on the ground that the petitioner's husband Amalraj had two children born out of a illicit relationship. According to the petitioner, under the Christian Law of...inheritance, the illegitimate children do not have any right to claim right over the property of a deceased. The petitioner has challenged the impugned order on the ground that the contentions of the...

...) to illegitimate children where both parents are Hindus;(iii) to illegitimate children where the father is a Christian and the mother is a Hindu, and...Lingappa Goundan v. Esudasan (1904) 27 Mad 13 which related to maintenance, it was held that Hindu law does not apply to the illegitimate children of a ...who are brought up as Christians. This decision obviously and reasonably leads to the conclusion that legitimate children of a Hindu father by a Christian mother who are brought up as Hindus would...

...The Judgment of the Court was delivered byHarun-Ul-Rashid, J.:— Right of succession of illegitimate children born to Christian parents is the bone of contention cropped up...illegitimate children of all classes irrespective of their religion to inherit the property of their parents is the need of the hour?(ii) Whether illegitimate children born to Christian fath.... Muslim law prohibits inheritance to the property of the deceased by illegitimate children. One of the reasons for permitting polygamy is that under no circumstances the child born to them shall be illegitimate. The system...

...Hindus by religion, i.e. converts to Hinduism; (ii) to illegitimate children where both parents are Hindus; (iii) to illegitimate children where the father is a ...Marriage Act, 1872. 7. Persons to whom Hindu Law does not apply--The Hindu Law does not apply-- (1) to the illegitimate children of a Hindu father by a ...who are brought up as Christians, or to illegitimate children of a Hindu father by a Mahomedan mother; (2) to the Hindu converts to Christianity. (3...

...1. The defendants who are the widow and children of the deceased christian seek revision of an order passed by the court below granting permission to the plaintiffs to sue in forma...illegitimate children. " the obligation that is sought to be enforced in this case is a legal obligation. The plaintiffs do not appear to say that what was a moral obligation of the...pauperis. Plaintiff 1 is the illegitimate child of the deceased husband of defendant 1 and plaintiff 2 is the maternal uncle of the first and functions as his next friend in the suit. In the objection filed...

...all moral principles. The Christian teaching and morale unambiguously cast a liability on a putative father, to maintain his illegitimate children.”2. The obligation that is sought to...1. The defendants who are the widow and children of the deceased Christian seek revision of an order passed by the court below granting permission to the plaintiffs to sue in forma...pauperis. Plaintiff 1 is the illegitimate child of the deceased husband of defendant 1 and plaintiff 2 is the maternal uncle of the first and functions as his next friend in the suit. In the objection filed...

...relationship four children were born to them. According to law the children should be deemed to be illegitimate children as their parents are not legally married either in the Hindu or the Christian form. ...children were brought up by the mother, who still continues to be a Christian. Further, there was no scope for bringing up these children according to Hindu customs and manners, as the appellant never...This appeal arises out of a petition filed by the father (appellant) under the Guardians and Wards Act for appointing him as the guardian of the four minor children and for directing the...

...applies—(i) not only to Hindus by birth, but also to Hindus by religion, i.e converts to Hinduism,(ii) to illegitimate children where both parents are Hindus,(iii) to ...the mother a Hindu, and the children are brought up as Hindu.***(iv) to Jains, Buddhists in India, Sikhs, and Nambudri...Buddhist, Jaina or Sikh by religion, and(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless...

...such a child. Similarly, the children of a bigamous marriage contracted by a Christian will be illegitimate and those children also will not be covered by S. 9 (2) of the said Act. Consequently, taking...Agricultural Income-tax Act, 1955, still there will be an area where the children will be Illegitimate to whom the section will have no application. For instance an offspring of concubinage will..., the marriage would be void being bigamous, and consequently, Indirani would be an illegitimate child of the assessee; but on the other hand, if the marriage had taken place prior to the coming into...

...;(ii) to illegitimate children where both parents are Hindus;(iii) to illegitimate children where the father is a Christian and the mother is a Hindu, and the ...claimed that illegitimate child of a Hindu is also entitled to inherit the property in accordance with Section 16 of the Act of 1955 which reads as follows: -“16. Legitimacy of children...evil. At the same time, Section 16 of the Act, while engrafting a rule of fiction in ordaining the children, though illegitimate, to be treated as legitimate, notwithstanding that the marriage was void...

...and held that Mrs.Hilda is the second wife of deceased Balasingam and her son and daughter are illegitimate children of deceased Balasingam and they have also got certificate for family pension and they are entitled for share in the...Succession Act, illegitimate children never recognised for a share of a deceased Christian and second marriage is also not recognised. Therefore, the finding of the Trial Court that the vendors of the...plaintiffs are not absolute owners of the entire suit property, since Mrs.Hilda, second wife of mr.Balasingam has the son and daughter, they being the illegitimate children had share over the properties, are unsustainable in law sin...

...of the Indian Succession Act as to the concept of lineal descendants and has held that the illegitimate children would not fall within the definition of lineal descendants and be entitled to succeed to the estate of ...Christian Marriage Act does not recognise the second marriage during the period when the first wife was alive and hence, the plaintiffs are not the legitimate children and therefore, the entire...Gunasingh through Sarojam, the plaintiffs, at the most, could only be treated as the illegitimate children of the deceased Gunasingh.9. In the light of the abovesaid position, it is found that...

...conditions mentioned therein. Similarly in muslim law and christian law, illegitimate children are not treated as members of the family. In mulla's mohamedan law (seventeenth edition) at page 347 it was...legislature intended that even the major sons mentioned in section 4 - a refer only to the legitimate major sons and there is no scope for importing the hindu law concept of the illegitimate children being...law concept in construing the expression 'major sons' in section 4 - a is that only the illegitimate children of a sudra are held to be members of the family and not the illegitimate children of the...

..., however, is entitled to a share of the inheritance subject to certain conditions mentioned therein. Similarly in Muslim Law and Christian Law, illegitimate children are not treated as members of-the...importing the Hindu Law concept of the illegitimate children being members of the family of the putative father in construing the expression ‘major sons’ in section 4-A of the Act.13.... One other difficulty which arises in extending the said Hindu Law concept in construing the expression ‘major sons’ in Section 4-A is that only the illegitimate children of a Sudra are held to be...

...:(i) not only to Hindus by birth, but also to Hindus by religion i.e converts to Hinduism;(ii) to illegitimate children where both parents are Hindus;(iii) to illegitimate ...Kallyani and accordingly, the plaintiff and defendants 5 to 8 were the illegitimate children of Ramunni and hence not entitled to succeed to his estate.4. On the basis of the evidence...Act came into operation. It is contended that they are illegitimate children who obtained the status of legitimacy only in 1976, by the effect of the Amending Act, long after succession, had opened as...

...provisions of the Indian Succession Act as to the concept of lineal descendants and has held that the illegitimate children would not fall within the definition of lineal descendants and be entitled to succeed to the estate of ...appreciate legal preposition under Section 2 of Indian Divorce Act, 869 which clearly envisages that even the illegitimate children shall be entitled to succeed in the same manner as the legitimate...children, to the estate of the parents. / 45.The respondents & 2/petitioners have filed a petition in S.O.P.No.8 of 207 on the file of the I Additional District Court, Madurai, to issue succession...

...follow that the legislature in 1872 has declared void all marriages according to caste custom between a Hindu and a Christian, with the necessary result that the children are illegitimate and cannot...been convicted under section 68 of the Christian Marriage Act XV of 1872, and the father of the girl has also been....The Christian Marriage Act is a Code repealing and embodying the provisions of several prior Acts which were taken from the numerous English Marriage Acts. The preamble states:“Whereas...

...presently portray. Furthermore, Christian unwed mothers in India are disadvantaged when compared to their Hindu counterparts, who are the natural guardians of their illegitimate children by virtue of their...natural guardians of illegitimate children, and in this regard gives primacy to the mother over the father. Mohammedan Law accords the custody of illegitimate children to the mother and her relatives...of the Family Code of the Philippines explicitly provides that “illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support...

...of its mother and the question will have to be considered whether the personal law of the mother allows illegitimate children to claim maintenance. 22. To a similar effect is the decision in Lingappa Gounda...sufficient means, is under an obligation to maintain his legitimate or illegitimate children who are unable to maintain themselves." Excepting this statement in the judgment...that case so far as it is relevant for our present purpose is in these words : The only duty of a father to maintain such (illegitimate) children is merely a moral obligation or a duly...