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2022 Supreme(Ker) 347

A.MUHAMED MUSTAQUE, SOPHY THOMAS
C. C. Joy, S/o. C. O. Chakkunny – Appellant
Versus
C. D. Mini, D/o. Late C. L. Devassy – Respondent


Advocates Appeared:
For the Appellant : Sri. S. Sreekumar (Senior), Sri. Akhil K. Madhav, Sri. T.R. Jerry Sebastian, Sri. Thomas M. Jacob.
For the Respondent: Sri. P.C. Haridas, Sri. G.S. Reghunath.

JUDGMENT :

Sophy Thomas, J.

PRELUDE

“Brood parasitism” is a breeding strategy adopted by some birds, insects and fishes to raise their young. The most familiar example is a cuckoo laying eggs in a crow's nest to raise their young by befooling the crow. Homosapiens also seem to have started adopting that strategy to befool their life partners.

2. Here is a case where a husband, after begetting a child in his employee, took that child to his wife, a barren lady, as if that child was abandoned by an unwed Nurse and offered for adoption. The innocent wife nurtured that child believing the child to be an adopted one, giving the love and warmth of a mother. The wicked husband continued his illicit relationship with the employee and often took the child to its biological mother to be in company with her. After about five years, the wife realised that, her husband was the biological father of that child and the child was born in his illicit relationship with the employee. Realising the height of cheating she was subjected to, she returned to her paternal home. When her brothers intervened, he admitted paternity of the child but he was not ready to give up his illicit relationship with the empl

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