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1952 Supreme(Ker) 61

KOSHI, GOVINDA PILLAI
Daniel – Appellant
Versus
Joshua – Respondent


Judgment :-

1. This is a defendant's appeal. His two minor children represented by their mother as next friend brought the action giving rise to this appeal for a declaration that he is liable to maintain them until each of them comes of age and for a decree directing payment of maintenance. In the plaint maintenance at the rate of Rs. 71/2 per month was claimed for each plaintiff. The District Munsiff of Pathanamthitta who tried the suit granted the declaration asked for and allowed maintenance at the rate of Rs. 5/- per month. The decision was given on 20.1.1950 and maintenance is made payable from 1.2.1950. The defendant seeks to challenge the correctness of the decree by way of this appeal.

2. The parties are Syrian Christians belonging to Travancore. The defendant entered into a marriage alliance with the next friend of the plaintiffs by a registered deed while his lawful wife was alive. It would appear that woman is still alive. The defendant admitted the paternity of the children and that he was not maintaining them. They were not living with him or under his protection. For some years now the parents had fallen out. The defendant's answer to the suit was that he had no legal

















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