Makutam Basavalingam – Appellant
Versus
Makutam Swarajyalakshmi – Respondent
( 1 ) THIS application was filed under Article 226 of the constitution to issue an order, direction or writ particularly one in the nature of habeas corpus to the 2nd and 3rd respondents herein directing him to produce the baby, son of the petitioner, before this Court immediately and then restore it to his custody. The allegations in the affidavit in support of this petition are that the petitioner married the first respondent who is the illegitimate daughter of the 3rd respondent by his concubine the second respondent, that the marriage took place on the 4th of April, 1953, that ever since the marriage the first respondent, the petitioner s wife, has been going away off and on from his house to her parents house without obtaining his consent and much against his wishes at the instigation of the 2nd and 3rd respondents, that she has been slighting him and has also been disobedient, that her behaviour is not conducive to good morals and that in the last week of may when he had an attack of small-pox the first respondent went away to her parents house with the child in utter disregard of the petitioner s wishes and without caring for his health and without attend
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