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1974 Supreme(Mad) 421

S.K.KADER
Achuthan Nair – Appellant
Versus
Leelamma and others – Respondent


Advocates:
M. Unnikrishna Menon, for Petitioner
K. Chandrasekharan, P.N. Krishnankutty, K. Vijayan, N.N. Sugunapalan, T.R. Velayudhan and T. Sudhakaran, for Respondents.

Order: This reference has been made by the Sessions Judge, Trichur, recommending quashing of the order awarding maintenance to the second petitioner in M. C. No. 50 of 1972 on the file of the Sub-Divisional Magistrate, Kunnamkulam on the ground that the order is illegal, as she being a major will not come within the meaning of the word “child” in clause 1 of section 488 of the Code of Criminal procedure.

2. The circumstances under which this reference happened to be made can be shorty stated: The revision petitioner in Crl.R.P. No 14 of 1973 before the Sessions Court, Trichur, is the counter petitioner and the respondents in the revision petition are the petitioners in M. C. No. 50 of 1972 on the file of the Sub-Divisional Magistrate, Kunnamkulam. This was an application filed under section 488 of the Code of Criminal Procedure, 1898, claiming maintenance on the allegations that the revision petitioner marred the first respondent in 1950 in accordance with the religious rites and respondents 2 to 4 were born to them during this wedlock and the revision petitioner neglected and failed to maintain the wife and children. The revision petitioner denied the marriage; but admitted the pat











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