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1939 Supreme(Mad) 337

WADSWORTH
Mandan Shetti – Appellant
Versus
Thimmi Avva – Respondent


JUDGMENT

Wadsworth, J.

1. This appeal arises out of a suit for maintenance. The appellant (the husband) raises the contention that his marriage with plaintiff 1 is invalid because plaintiff 1 was pregnant at the time of her marriage; consequently, her daughter, plaintiff 2, must be deemed to be an illegitimate child. The lower Appellate Court has found as a fact that plaintiff 1 was pregnant at the time of her marriage, that she was pregnant by the defendant himself and that the marriage was nonetheless valid, the parties being Sudras. It seems to me not quite clear whether in fact the parties, who belong to the caste known as Edanatan Shettis, are Sudras or Vaisyas, strictly speaking. But I am of opinion that this question has no bearing on the point to be decided. The learned District Munsif propounded a rule, for which he quotes no authority, that one of the essential conditions of a valid Hindu marriage is that the bride should be a virgin. The learned District Judge says that there is no objection Under the Hindu law governing the Sudras to a pregnant woman marrying, quoting the well-known passage in Manu to the effect that when a man marries a woman who is pregnant, the male ch


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