M. GOVINDARAJU versus K. MUNISAMI GOUNDER (D) AND ORS.

M. GOVINDARAJU versus K. MUNISAMI GOUNDER (D) AND ORS.

The court held that by custom, divorce was complete when Pappammal left her first husband and was not taken back. The appellant, born from her subsequent union, was acknowledged as legitimate by the community and family. The High Court erred in denying his legitimacy; thus, the appellant is a legitimate child entitled to a share in joint Hindu family property.

Parties
Appellant: M. Govindaraju; Respondents: K. Munisami Gounder (D) and Ors.
Jurisdiction
India
Judgment Date
13 August 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Legitimacy of Child, Partition of Joint Family Property
Hindu Law Family Law Legitimacy of Child Partition of Joint Family Property

Case Brief

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Parties

M. Govindaraju

Appellant

K. Munisami Gounder (D) and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a son born from a woman after separation from her first husband and during her cohabitation with another man is legitimate and entitled to a share in joint Hindu family property

Ratio Decidendi

The court held that by custom, divorce was complete when Pappammal left her first husband and was not taken back. The appellant, born from her subsequent union, was acknowledged as legitimate by the community and family. The High Court erred in denying his legitimacy; thus, the appellant is a legitimate child entitled to a share in joint Hindu family property.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the High Court set aside
  • Order of the trial court restored