ORDER :- This is a petition by one K. Srinivasan for setting aside the order of the Sub Divisional Magistrate, Tirupathur, in M. C. No. 72 of 1954, holding him to be the father of a male child and a female child born to P. W. 1, married woman whose husband, P. W. 3, is still alive, and the marriage between whom has not been dissolved, and ordering him to pay maintenance at Rs. 5 per month for each of those children from the date of the petition and also to pay P. W. 1 costs of Rs. 15.

2. The facts are rather extraordinary. P. W. 1, Kirubai Ammal, is an Indian Christian lady aged 32 and a school mistress by profession. Her husband, Asservatham, P. W. 3, aged 55, is also an Indian Christian and a school master by profession. According to P. W. 1, she married P. W. 3, Asservatham, in or about 1936, and delivered two male children and a female child to him.

She stated that the petitioner, Srinivasan, who was then a constable attached to Tirupattur police station, used to visit her husband and that very soon he contracted illicit intimacy with her. He had systematic sexual inter-course with her for 6 years without the knowledge of P. W. 3. Then some people told P. W. 3 about the