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1915 Supreme(Mad) 16

TYABJI
P. M. Govindan Nair – Appellant
Versus
M. Achutha Menon – Respondent


JUDGMENT

Tyabji, J.

1. One Sridevi Anterjanam of the Thazalplam Illom was suspected of having committed adultery. In accordance with a custom which is referred to in some detail in Vallabha v. Madusudanan (1889) I.L.R. 12 M. 495 an enquiry was held in the matter presided over by the Rajah of Cochin within his own territory. The enquiry was ceremonious but hardly in accordance with natural justice inasmuch as it, consisted in effect of a bare statement by the suspected woman giving the names of persons whom she charged with having committed adultery with her. On this statement without any opportunity being given to the persons named of defending themselves or rebutting the accusation, they were declared to be excommunicated. The plaintiff was one of the persons purported to be so excommunicated.

2. Subsequently an officer of the Cochin state, styled Sarvadhikarikar (literally general agent) addressed a letter Ex. B to the Dewan to the effect that the woman " was caused to be brought here after the Vicharanai (investigation)...and as a decision has been pronounced regarding her real state, it has been decided to lodge the abovesaid Sadhanam (suspected woman in) a place near the Chalakud

























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