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1967 Supreme(Ker) 46

M.MADHAVAN NAIR
PADMANABHAN MOOSAD – Appellant
Versus
PARVATHI MANAYAMMA – Respondent


Judgment :-

1. This appeal is by defendants 2 to 10 in a suit for partition of Iringayikot Illom of Moosads, governed by the Nambudiri Act. On November 17,1902, the only members in the illom were two ladies, Parvathi Manayamma and her daughter Savithri Manayamma who is the 1st defendant in this suit. The 1st defendant had, long before that date, been married to Narayanan Moosad of Sayanampra Illom and would, under normal conditions, have been a member of that Illom, and not have continued a member of the illom of her parents. But, Ext. BI executed by Parvathi Manayamma in favour of the 1st defendant on the aforesaid date recites:

Evidently, these recitals recognise the 1st defendant to have subsisting rights in the illom of her birth in spite of her marriage; in other words, that the marriage was solemnized in such a way as to perpetuate the illom through her. All text-books on the law of Nambudiris mention of a particular form of marriage recognized in the community known as 'Sarvaswadanam'. When an illom is on the verge of extinction, a girl of the illom is married to a member of another illom in Sarvaswadanam marriage, so that her sons may be members of the illom of her parents t

























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