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1958 Supreme(Mad) 265

SOMASUNDARAM
Parambot Thayunni Balakrishna Menon – Appellant
Versus
Govind Krishnan (minor) – Respondent


Advocates:
S. Govind Swaminathan and K. P. S. Menon, for Petitioner.
S. Chellaswami, P.K. Ramachandran, and M. Thirugnanasundaram, for Respondents.
The Public Prosecutor (P. S. Kailasam) on behalf of the State.

Order.-

Criminal Revision Case No. 543 of 1958 is filed against the order of the Third Presidency Magistrate passed in M.P. No. 332 of 1957, granting maintenance to the respondents at Rs. 460 per month by the petitioner herein; and Crl.Rev. Case No. 544 of 1958 is against the order of the same Magistrate in M.P. No. 213 of 1958, refusing to set aside the ex parte order of maintenance passed in favour of the respondents.

The petitioner is in the employ of the Government of India as Charge d’ Affaires, Indian Embassy at Santiago, Chile, South America. He married the mother of the respondents, and, after giving birth to two children on whose behalf the petition for maintenance was filed, there were divorce proceedings between the petitioner and his wife; the wife has been divorced and she has married another. The petition for maintenance was filed in Court at a time when the petitioner was serving in Baghdad as First Secretary in the Indian Embassy there. Summons were sent out on 26th November, 1957, in accordance with the provisions of section 72 of the Code of Criminal Procedure for service on the petitioner. It was received on 1st December, 1957, in the Embassy office at Baghdad. The












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