SOPI NONA v. MARSIYAN.

P. C, Balapitiya, 23,485.

Maintenance-Evidence in support of affiliation order-Legitimacy of child born during subsistence of valid marriage-Rebuttal of legitimacy-'Evidence Ordinance, s. 112-Competency of husband and wife to give evidence as to sexual intercourse with each other.

If a woman seeks to charge her husband with the maintenance of her children born during the continuance of their marriage, she should prove a valid marriage and the birth of her children during its continuance.

To evade responsibility for such maintenance, the husband, if he admits the marriage, must prove that he is either impotent or that he had no possibility of access to his wife.

The words " no access to the mother " in section 112 of the Evidence Ordinance (No. 14 of 1895) mean impossibility of access.

Neither the husband nor the wife is a competent witness as to their having or not having sexual intercourse with each other,, when the legitimacy of the wife's child is in question.

IN this case the accused was sued for the maintenance of his wife and three children aged nine years, five years, and one year, respectively. The Police Mag