Report No. 110

17.20. Views on the Working Paper, and recommendation.-

Of the comments received by us on the Working Paper on the subject, only on one-a suggestion forwarded through the Catholic Bishops' Conference of India1-has dealt with section 118, and the view expressed is that deletion of section 118 would be too radical a course, and that it would be better to amend the section rather than delete it.

Although our own inclination is for deleting the section, we think that, at least for the present, it would suffice if section 118 is amended on the lines already indicated in the preceding discussion.2 We recommend that the section should be so amended.

1. Catholic Bishops Conference of India, New Delhi, letter dated 3rd October, 1984.

2. Paras. 17.18 and 17.19, supra.

17.21. Section 118-the question of legitimacy.-

The relations contemplated by section 118 are, according to judicial construction, legitimate relations flowing from lawful wedlock. In a Bombay case, where it was so held,1 Batchelor, J. held that the Indian Succession Act was based on English Law, and defined relationship flowing from lawful wedlock only. A bastard, in the eye of the law, was nullius filius.2

1. Erma Agnes Smith v. Thomas Massey, ILR 30 (1906) Born 500.

2. Compare judicial decisions on section 37.