One Perumal Nadar, a Hindu, married Annapazham, daughter of an Indian Christian, on November 29, 1950 at Kannimadam in the State of Travancore-Cochin according to Hindu ·rites. Of the two children born of the marriage one died. The younger child, a son born in 1958, a.cling through his mother, the aforesaid Annapazham, as his guardian, tilecl an action in the Court of the Subordinate Judge, Tirunelveli, for separate possession of a half share in the properties of the joint family held by his father Perumal. The auit was defended by Perumal. The trial court decreed the suit and the High Court confirmed the decree. In 'appeal to this Court by certificate Perumal, the appellant, contended : (i) that Annapa.ham was an Indian Christian and a marriage between a Hindu and an Indian Christian must be regarded as void; (ii)' that the marriage was invalid because the appellant was already marlried before he married Annapazham and bigamous marriages were prohibited by Madras Act 6 of 1949; (iii) that the appellant and Annapazham were living apart for a long time before the birth of the plaintiff and on that account the plaintiff could not be regarded as a legitimate child of the appellant.
