1959 (10) TMI 39 - HC - Indian Laws

Summary

Issues:
1. Entitlement of illegitimate daughters to maintenance under Mitakshara School of Hindu Law.
2. Constitutionality of discrimination between illegitimate sons and daughters under Hindu Law.
3. Interpretation of provisions of Hindu Adoption and Maintenance Act, 1956 regarding maintenance rights of illegitimate daughters.

Analysis:
1. The case involved three illegitimate daughters seeking maintenance and marriage expenses from their putative father's estate. The Subordinate Judge dismissed their suit based on Mitakshara School of Hindu Law, which traditionally did not recognize maintenance rights for illegitimate daughters. The appeal challenged this decision.

2. The advocate argued that the Hindu Law discriminated between illegitimate sons and daughters regarding maintenance. However, the court rejected this argument, stating that the absence of provision for maintenance for illegitimate daughters did not violate Article 14 of the Constitution, as per precedents from the High Courts of Bombay and Madras.

3. The main contention was whether the illegitimate daughters could claim maintenance under the Hindu Adoption and Maintenance Act, 1956. The advocate argued that Section 22(1) of the Act entitled illegitimate daughters to maintenance from the estate of their putative father, even if he died before the Act came into force. The court analyzed Sections 20, 21, and 22 of the Act to determine the scope of maintenance rights for dependents.

4. The court concluded that the Act only provided for maintenance from the estate of a deceased Hindu who died after the Act's commencement. The provisions did not extend to estates of individuals who died before the Act came into force. The court emphasized that the language of the Act indicated a prospective application and rejected the argument that dependents could claim maintenance from pre-Act estates.

5. Ultimately, the court dismissed the appeal, stating that the illegitimate daughters were not entitled to maintenance from their putative father's estate based on the interpretation of the Hindu Adoption and Maintenance Act. The judgment highlighted the importance of the Act's provisions and their applicability to claims for maintenance by dependents.