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2002 Supreme(Ker) 642

T.M.HASSAN PILLAI
Sajitha – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Wife and her child alleged to be born in the lawful wedlock have come up in revision against the order passed by the learned Family Court Judge, Manjeri in M.C. 95/2000 whereby the learned judge refused to award maintenance to the child, who is the second petitioner in the M.C., holding that the child was conceived at least one month prior to the marriage i.e., child was conceived as a result of pre-marital sexual intercourse by mother with another and she is not the child born in the lawful wedlock. First petitioner in the M.C. dissatisfied with the quantum of maintenance awarded to her by the Family Court at the rate of Rs. 300 per month preferred R.P. (F.C.) No. 69/2002. Aggrieved by the order awarding separate maintenance to the wife, the husband preferred R.P. (F.C.) No. 55 of 2000. Both the revisions are heard together and are being disposed of by a common order.

2. It is the admitted case of both the parties that the marriage of 1st petitioner in the M.C. with the respondent in the M.C. was solemnized on 1st November, 1998 in accordance with the customary rites prevalent in the Muslim community and it is also the common case of the parties that 2nd petitioner i
























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