1976 Supreme(Mad) 423
V.SETHURAMAN
S. Sethurathnam Pillai – Appellant
Versus
Lucy Baskara Josephine styling herself as Baskara alias Dolly Sethurathnam and others – Respondent
Advocates:
S. Jagadeesan, for Appellant.
T.R. Rajagopalan and T.R. Rajaraman, for Respondents.
JUDGMENT:-The plaintiff, the appellant, filed a suit for a declaration that the second defendant is not his legitimate or illegitimate daughter. The plaintiff is a land owner, who had about 50 or 60 acres of fertile wet lands in Kulitalai. He lost his father at the age of 17 or so. He was married on 5th of May, 1935 to one Ammakannu Ammal, who came from the same caste, i.e., Karkatha Vellalas. He married again in 1958 and the second wife is one Saraswati. The first defendant is the daughter of one Duraisami Pillai, a Christian. Her father was an Assistant Engineer in Kulitalai from about 1944 till 1950. The first defendant claimed that she had married the plaintiff on 15th August, 1944 and that the second defendant is the daughter born out of their wedlock. According to her, she lived with the plaintiff at several places till about 1966. Then he ceased to take interest in her. She, therefore, filed a petition under section 488, Criminal Procedure Code, in the Court of the Additional First Class Magistrate, Tiruchy, and she claimed maintenance of Rs. 500 as maintenance for herself and for her daughter. The learned trial Magistrate rejected her application. On appeal to the High Cour
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