JUDGMENT

Mahadev Shankar J:

The plaintiff (T) contracted a Chinese customary marriage with the defendant (O) on 27 May 1988. She gave birth to a son (ORD) on 7 December 1988. After the marriage came under strain, T left the matrimonial home with ORD on 1 October 1990. She filed this application for custody of and to be appointed ORD's legal guardian. She also asked for maintenance for ORD and for a half share of the matrimonial home to be vested in O as trustee for ORD.

The claims were resisted by O. Issues were raised as to the validity of the marriage, and the legitimacy of ORD as well as T's eligibility to make these claims if the marriage was in fact void.

In my interim judgment given on 3 July 1992 (See [1992] 3 CLJ 1756) I held that a mother could bring legal proceedings to have herself declared as the legal guardian of her illegitimate child and be given custody of and maintenance for such illegitimate child. However as there were contested issues of fact going to the issue as to whether ORD should be deemed legitimate and to the impact of such a finding on the rights and duties of the parties, I directed that pleadings be filed and the case tried in open Court.

The trial