Whether the marriage between a Muslim male and a Hindu female is void? Whether the child born in that relationship is legitimate and if so whether, the child will inherit the estate of the father? These are the interesting questions to be decided in this second appeal.

2. Appellant instituted the suit before Sub Court, Thiruvananthapuram claiming partition and separation of his 14/16 shares in the plaint A schedule property and half right over plaint B schedule property. Plaint A and B schedule properties admittedly originally belonged to Mohammed Ilias. The case of appellant was that 8th defendant was the first wife of Mohammed Ilias and there was no issue in that wedlock and thereafter Mohammed Ilias married 9th defendant in 1120 M.E and they were residing together as husband and wife in House No. T.C. 13 of Poojappura ward of Thiruvananthapuram and appellant was born to 9th respondent in that wedlock and after the death of Mohammed Ilias 9th defendant married Aliyarkunju and appellant is the only son of Mohammed Ilias and on his death his rights devolved on appellant and first defendant, the brother of Mohammed Ilias and therefore each of them is entitled to one share