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1987 Supreme(Ker) 55

PADMANABHAN
MADHAVI – Appellant
Versus
THUPRAN – Respondent


Judgment :-

1. First petitioner is one Padikkappurath Madhavi and petitioners 2 to 7 are her minor children. Respondent is the husband of the 1st petitioner and father of petitioners 2 to 7.

2. For herself and on behalf of minor petitioners 2 to 7 the 1st petitioner filed M. C. 17/82 before the judicial I Class Magistrate, Tirur, against the respondent for maintenance under S.125 of the Code of Criminal Procedure. By a clerical mistake her name was written in the petition as Malathi instead of Madhavi. Respondent admitted marriage as well as paternity though be raised a contention that his wife's came is Madhavi and he did not marry a lady by name Malathi. In spite of the mistake in name, identity of the first petitioner as his wife was never in dispute in the counter, though at the stage of evidence as rw.1 the respondent stated that though he married one Madhavi, petitioners 2 to 7 are not his children. This contention contrary to the admission in the pleadings was rightly negatived by the Magistrate accepting the evidence of Madhavi.

3. Madhavi thereafter filed a petition for permission to correct her name into Madhavi. The Magistrate disallowed the prayer saying that it will amou











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