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1970 Supreme(SC) 164

A.N.RAY, K.S.HEGDE, I.D.DUA, A.N.GROVER, J.C.SHAH
S. Sethurathinam Pillai – Appellant
Versus
Barbara Alias Dolly Sethurathinam – Respondent


J.C. SHAH, J.

(1) BARBARA alias Dolly Sethurathinam and her daughter Mary Anne alias Anne Thirumagal filed an application in the court of the Additional I Glass Magistrate, Trichirappalli, against Sethurathinam Pillai under Section 488 of the Code of Criminal Procedure for an order directing payment of maintenance to them. They claimed that the first applicant Barbara was married to Sethurathinam in 1944" that the second applicant Mary Anne was their daughter; that the first applicant had lived with him in Madras till April, 1966, and that thereafter they had shifted to Tiruchy and since then the respondent Sethurathinam had failed and neglected to maintain the applicants. At the date of the application Mary was 20 years of age. Sethurathinam denied that be had married Barbara. He stated that she was his mistress and that he had maintained her for some time and had sent her money, but he had not married her. The learned Trial Magistrate, without deciding whether in fact a marriage had taken place, held that since the daughter Mary Anne had been baptised as a Christian and had lived as a Christian the story of Barbara that she was converted to Hinduism before she married Seth




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