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(6) The trial Court raised the appropriate issues and found that Ganga, the plaintiff's mother, was the concubine and was in the exclusive and continuous keeping of Shiddoji Rao and that the plaintiff was born to her while she was in the exclusive keeping of Shiddoji Rao. He also found that plaintiff's mother Ganga was the legally married wife of Bhima Talwar and she died as his wife. He further found that the plaintiff was the offspring of an adulterous and incestuous intercourse and, therefore, he has no right to claim any share in the properties of Shiddoji Rao. Consequently, he dismissed the plaintiff's suit with costs.

(18) An avaruddha stree may be an unmarried woman or she may be a widow or she may be married woman. We are concerned in this case with a married woman being an Avaruddha stree. If an illegitimate son is begotten on an unmarried woman or on a widow, then such a son gets a right to inherit his putative father's estate, but an illegitimate son begotten on married woman would not be entitled to inherit his putative father's estate unless it is shown that he was not the offspring of an adulterous or incestuous intercourse; in other words, the illegitimate son of a Sudra begotten on a married woman would be entitled to inherit, provided it is shown that the connection has ceased to be adulterous when he was conceived, as where the husband dies before conception. That an illegitimate son of a Sudra begotten on a married woman is not entitled to a share of the inheritance if he is the offspring of an incestuous or adulterous intercourse, seems to be no longer in doubt.

"The illegitimate son of a Sudra by a dancing woman who was by profession a prostitute before she came into his keeping but who was kept by him in continuous and exclusive concubine thereafter, is entitled to get her appropriate share in the joint family property after his father's death provided the connection between his father and mother was not incestuous or adulterous."

Thus the High Court of Madras has taken the view from 1869 that an illegitimate son of a Sudra is not entitled to inherit his putative father's estate if he is the offspring of an incestuous or adulterous intercourse.

(25) Thus, after a careful review of the judicial decision, it appears to us that an illegitimate son of a Sudra born to a married woman as a result of an incestuous or adulterous intercourse, is not entitled to inherit his putative father's estate; and though the condition that the connection should not be adulterous or incestuous, is not to be found in the Hindu law text, yet it is supported by the consensus of the judicial opinion from the year 1852; and if it was considered that such connection as of plaintiff's mother is either incestuous or adulterous and opposed to good morale during the period of 100 years and more, we do not think that what was considered to be immoral then has ceased to be immoral today. In our view, such a connection being incestuous or adulterous, is opposed to good morale. Adultery is considered to be immoral and condemned by the Hindu law-givers. This s what has been stated in (1875-55) ILR 1 Bom 97 at p. 116.