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february 1965

Supreme Court of India · 1965-02-18

AMIREDDI RAJAGOPALA RAO AND OTHERS vs AMIREDDI SITHARAMAMMA AND OTHERS

Citation / case number
SC 1963/263
Court
Supreme Court of India
Petitioner
AMIREDDI RAJAGOPALA RAO AND OTHERS
Respondent
AMIREDDI SITHARAMAMMA AND OTHERS
Author
SUBBARAO, K.,DAYAL, RAGHUBAR,MUDHOLKARR.,BACHAWAT, R.S.,RAMASWAMI, V.
Bench
SUBBARAO, K.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.,BACHAWAT, R.S.,RAMASWAMI, V.

Judgment text excerpt

The Supreme Court held that the respondents, children of a Brahmin woman and a Sudra man, were entitled to maintenance from the estate of their father under Hindu Law as it existed before the Hindu Adoptions and Maintenance Act, 1956. The Court clarified that illegitimate children of a Sudra are entitled to maintenance regardless of the mother's status as a Dasi, and a married woman living with a paramour can claim maintenance as an Avaruddha Stree. The provisions of the 1956 Act do not have retrospective effect to adversely affect the respondents' rights, which vested before the Act's commencement.

AMIREDDI RAJAGOPALA RAO AND OTHERS vs AMIREDDI SITHARAMAMMA AND OTHERS · Niyam