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1954 Supreme(AP) 84

UMAMAHESWARAM
Pulavarthi Sreeramamurthi – Appellant
Versus
Pulavarthi Lakshmikantham – Respondent


UMAMAHESWARAM, J.

( 1 ) THIS Civil Revision Petition is filed as against the order of the Subordinate Judge of Eluru, in I. A. No. 196 of 1953, in O. S. No. 53 of 195 dismissing an application filed by the petitioner to direct the medical examination of respondent 1, as to whether she had become enceinte and given birth to a child at any time. The suit was filed by the plaintiff, respondent 1 for partition and recovery of a one-third share of the suit properties, on the ground, that her husband died divided from his brothers, the petitioner and respondent. 2 herein. Alternatively, she prayed that, if the partition was found to be not true, she was entitled to a one-third share in the non-agricultural properties and for maintenance. It was contended by the petitioner that the plaintiff had, given birth to a child subsequent to her husbands death and being unchaste, she was not entitled to recover any maintenance. Issue 8 was raised in regard to the question of respondent 1s chastity.

( 2 ) THE present application was filed on 14. 2. 1953, to find out, by medical examination, whether respondent I gave birth to a child at any time. The court below followed the judgment of Raghava Rao J






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