1. Though the point that actually arises for decision in this second appeal by the defendant is only as to whether the award of maintenance made as against him by the courts below, is to be sustained or not, the scope of the controversy has been very much enlarged by the invitation extended to me by the learned counsel for the defendant-appellant, Mr. P. V. Jacob. What would have been otherwise a simple dismissal of the second appeal, has necessitated my considering the relevant provisions of the Cochin Thiyya Act, Act VIII of 1107 as also the Cochin Makkathayam Thiyya Act, Act XVII of 1115. One of the points that has been urged and that I have to consider in this second appeal, is as to the provisions of which Act governs the rights of parties in this litigation.

2. The suit was by the divorced wife of the defendant, as next friend for maintenance for a child born of their union prior to their divorce. The suit was filed on behalf of the child, by the mother as guardian.

3. There appears to have been some proceedings in the criminal court for getting maintenance for the child of the appellant. In this suit a sum of Rs. 12 per month was claimed as maintenance for the mino