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1958 Supreme(Ker) 278

K.SANKARAN
Rajamma – Appellant
Versus
Nanukuttan Pillai – Respondent


ORDER

K. Sankaran, J.

1. This revision petition is directed against the lower court's order in M. O. No.10/ 1956 on the file of that court. That was a case filed by the mother and herthree children, under S.488 of the Code of Criminal Procedure, for an orderagainst the respondent to pay maintenance for the three children alleged to beborn to him in the first petitioner. According to the 1st petitioner, she is thelegally wedded wife of the respondent and petitioners 2 to 4 are the childrenborn of that union. The respondent has subsequently married another lady andthereafter he has been neglecting to maintain these petitioners.The first petitioner, however, has not claimed anything for her maintenancefrom the respondent. The claim for maintenance has been put forward only onbehalf of the minor children who are petitioners 2 to 4. On behalf of thepetitioners the first petitioner as Pw. 1 gave evidence in support of her casethat she is the legally wedded wife of the respondent and that petitioners 2 to 4are the children born to her from the respondent. Exts. P1 to P5 were alsoproduced to prove the case of her marriage with the respondent.The learned Magistrate discarded this evidence as


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