Law:

Section:

  (a) Christian Marriage Act (XV of 1872)---   ----S. 60---Monogamy---Christian law-- Applicability---Christian law strictly enforces monogamy and according to the Christian Canons, there can be no marriage where the former husband or wife of either party is living at the time of the wedding and marriage with such former husband or wife is still' in force and has not been dissolved.   Halsbury's Law of England, 4th Edn. Vol 2,para. 907, p.570 ref.   (b) Christian Marriage Act (XV of 1872)---   ----S.60---Inheritance---Christian marriage---Polygamy;--Mutation of inheritance-- Plaintiff claimed to be the son of the first wife of the deceased and the defendants were from the wedlock of the second wife---Contention of the plaintiff was that under. the Christian law second marriage, was a void marriage and defendants were not entitled to inherit the estate of the: deceased---Trial Court decreed the suit whereas lower Appellate Court, after holding the defendants as legal heirs of the deceased found them entitled to the inheritance---Validity---Plaintiff was the only lawful legal heir of the deceased and was his sole surviving child and as such was entitled to inherit the suit land to the exclusion of all else including the defendants in the suit---Judgment and decree of the lower Appellate Court was set aside and that of the Trial Court was restored in circumstances.   Mirza Manzoor Ahmad for Appellants.   Ahsan Hafeez for Respondents.   Dates of hearing: 3rd and 17th May 2000.   JUDGMENT   Wadhawa, a native Christian died on 16-7-1995. He was the lesee of the suit State land. Mutation of inheritance No.328 was entered. In the first instance, the Revenue Officer attested the same in favour of Shera son of Wadhawa out of his wedlock, with one Mst. Roori. In appeal, the Collector proceeded to order mutation of land in favour of said rather as also in favour of htayat Maseeh, Rehmat Maseeh and Mst. Fazal Bibi. The present suit was filed by Shera on 30-11-1959 claiming to be the sole heir of the said Wadhawa. His case in the plaint was that Wadhawa was married to his mother Mst. Roori on 30-6-1986 and he was born…