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2022 Supreme(Ker) 951

P. B. SURESH KUMAR, C. S. SUDHA
P. K. Balan, Son Of Late Krishnan – Appellant
Versus
Karthiyayani, D/o. Late Kochukuttan Alias Kittu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.S.V.BALAKRISHNA IYER (SR.), KUM.B.ANUSREE, SRI.P.B.KRISHNAN, SRI.P.M.NEELAKANDAN, SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
For the Respondent: SETHUMADHAVAN, K.C.CHARLES, S.NITHIN ANCHAL, VIMAL K.CHARLES

JUDGMENT :

C.S.Sudha, J.

What is the law of inheritance or succession that is applicable to Kammalas domiciled in Cochin? Before the formation of the United State of Travancore and Cochin by virtue of the Covenant dated the 29th May, 1949, entered into between the Rulers of Travancore and Cochin, was the personal law applicable to Kammalas domiciled in Travancore and Cochin the same? Before the State Reorganization Act, 1956 came into being, was the personal law applicable to Kammalas domiciled in Malabar, a Part A State, being part of Madras, the same as that in Cochin and Travancore? Is there any classification of Kammalas of Cochin as pandi kammalas, malayala kammalas and ordinary kammalas? Are they governed by the same personal law or different personal law? Let us examine.

2. These second appeals are before us based on a reference order dated 13/04/2007 of a learned single Judge, according to whom, there are conflicting views regarding the personal law applicable to kammalas of Cochin and also their form of marriage. In the opinion of the learned Judge, important questions of

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