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2009 Supreme(Ker) 180

V.GIRI, J.B.KOSHY
Krishnakumari Thampuran – Appellant
Versus
Palace Administration Board – Respondent


Advocates Appeared:
For Petitioners:P. Chandrasekha, Advocate. For Respondent: S.C For Palace Admn. Board.

Judgment:-

Giri, J.

An issue arising from a claim for partition intractably pursued by a member of the erstwhile Cochin Royal Family in the first instance and thereafter by her two sons born out of her relationship with a person professing a different religion, has given rise to this litigation. No doubt, the issues have become more perplexing due to the peculiar nature of the property involved, firstly by the fact that the personal law applicable to the members of the erstwhile Cochin Royal Family was the Marumakkathayam Rules of inheritance; secondly on account of the successive statutory interventions applicable to the system of Joint Hindu Family in the State as a whole, and sometimes applicable to the erstwhile Cochin Royal Family. We will recapitulate the bare essential facts necessary to understand the issues arising for consideration.

2. The first appellant [now deceased], was a member of the erstwhile Cochin Royal Family. She married a Namboodiri and a male child was born in the wedlock. Later, during the lifetime of her husband and during the subsistence of the marriage, she entered into a relationship with a Muslim and begot two children, viz., appellants 2 and 3.

3. The








































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