Supreme Court of India · 1996-08-13
M. GOVINDARAJU vs K. MUNISAMI GOUNDER (D)
- Citation / case number
- SC 1995/14041
- Court
- Supreme Court of India
- Petitioner
- M. GOVINDARAJU
- Respondent
- K. MUNISAMI GOUNDER (D)
- Author
- M.M. PUNCHHI
- Bench
- M.M. PUNCHHI
Judgment text excerpt
The Supreme Court held that the appellant, M. Govindaraju, is entitled to a share in the joint Hindu family property despite being branded as illegitimate by the High Court. The Court established that under Hindu law, if a Shudra woman abandons her husband, a de facto divorce occurs, allowing her to remarry, thus legitimizing the offspring. The trial court's recognition of the appellant's paternity and legitimacy was upheld, reversing the High Court's decision.