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1924 Supreme(Mad) 673

KRISHNAN
Meenatchi Ammal – Appellant
Versus
Karuppanna Pillai Alias – Respondent


ORDER

Krishnan, J.

1. In this case a rather important question has been raised under Chapter 36 of the Criminal Procedure Code with reference to the maintenance of a child. The petitioner was the mother of two children, a girl who is now aged about 14 and a boy of 10 years. When they were younger she had obtained from the Magistrate an order for their maintenance from their illegitimate father, the counter-petitioner, at the rate of Rs. 10 a month. The girl has been recently married : but it is not clear whether she has joined her husband or not. On the application of the father the Magistrate has reduced the maintenance given previously to a sum of Rs. 6 for the boy alone cancelling altogether the maintenance allowed to the girl. He does not give any reasons for his order but merely says, "the girl is not now entitled to maintenance." I take it that his view is, that as the girl is married she is no longer entitled to maintenance. The question is whether this is correct. A similar question arose once before in this Court in the case reported in 2 Weir 650; but their Lordships did not give any definite ruling on it as they were able to rely upon art express undertaking by the husband



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