Kolkata Court March 1875 Judgments

NaraIn Dhara Vs. Rakhal Gain, Guardian of Jonardon

Court: Kolkata

Reported in: (1876)ILR1Cal1

Mitter, J.1. From the foregoing statement it is clear that the defendant put the legality of her marriage, and consequently the legitimacy of her son, upon a social custom obtaining among her caste people.2. The contention raised in special appeal is that the decision of the lower Court, both on the question of the validity of the marriage and the heritable rights of an illegitimate son of a sudra, is erroneous in law; and I am of opinion that this contention is valid. After having expressed his opinion that an illegitimate son of a sudra under the Hindu law inherits his putative father's property, the District Judge, with reference to the question of marriage, says: 'But more than this I am not at all sure that the son is illegitimate; the defendant lived as his wife with Radhoo for twenty years, and still asserts that she was married to him. The marriage therefore may, I think, be presumed, and the disproof of it lies upon the plaintiff. I cannot say that he has succeeded in disprovi...