JUDGMENT

It is fairly conceded by the learned counsel for the appellants that the remand by the Apex Court is for denovo consideration regarding entitlement under Section 16 of the Hindu Marriage Act. It is well settled that any illegitimate son born in the wedlock which was found to be illegal or defective or void on any ground would be entitled to succession only with respect to the self acquired property of the deceased father and not with respect to any family property held by him either by succession or otherwise. The legal position is very much settled by the Apex Court in Neelamma and Others v. Sarojamma and Others [(2006) 9 SCC 612]. Regarding the additional defendants 15 and 17 are concerned, the marriage of their parents i.e. Mannan with his second wife Kalliani, was solemnized early in the year 1960s and as such, no documentary evidence is available to prove the alleged solemnization of marriage. The school register produced clearly indicates the paternity of the child. The question as to how far the civil court can go into the question of solemnization of marriage under Section 16 of the Hindu Marriage Act was taken up and considered by this Court in Thachambath Padmini