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1955 Supreme(Mad) 200

SOMASUNDARAM
H. J. Mascreen – Appellant
Versus
Dr. (Mrs. ) R. K. Mascreen – Respondent


Advocates:
S.Mohan Kumaramangalam for Petitioner.
M.S.Venkatarama Aiyar for Respondent.
State Prosecutor (S.Govind Swaminadhan) for the State.

Order

This is a revision against the order of maintenance passed against the petitioner herein who was the respondent in the lower Court. The maintenance is claimed by the mother on behalf of her three children. She claimed maintenance only on behalf of her children. There was no marriage between her and the petitioner herein. The lower Court directed the petitioner herein to pay maintenance at the rate of Rs.20 for the first child, aged 6 years at the time of the petition, and Rs.10 each for the other two children aged 3 and 1 at the time of the petition. The evidence shows that the mother was a doctor earning about Rs.270 to Rs. 300 a month, whereas the petitioner herein is a postal employee earning only Rs. 170. After deductions the net income is only Rs.123-15-0. In fact the mother of the children earns twice as much and more than the father of the children. On these facts it is contended by Mr.Mohan Kumaramangalam that under section 24 of the Guardians and Wards Act, as the guardian of the person of the ward must look to his support, it is the duty of the mother to support the children. It is contended that section 488 has been introduced in the Criminal Procedure Code to preve








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