Present: Bertram C.J.

PODIHAMY v. WICKREMASINGHE.

579-P. O. Matara, 31,546.

    Maintenance-Application by mother-Illegitimate children-Decisory oath.

A case in which a mother applied for maintenance on behalf of her illegitimate children may be put to the test of a decisory oath, provided the Magistrate is satisfied that it is in the interests of the children that it should be done.

Sayalee v. Setuwa1[1 (1923) 25 N. L, R. 216.] explained.

APPEAL from an order of the Police Magistrate of Matara, dismissing an application for maintenance.

Soertsz, for applicant, appellant.

H. V. Perera (with him Jayasuriya), for respondent.

November 18, 1924. BERTRAM C.J.-

This is an appeal in a maintenance case which raises some points of difficulty. The allegation of the applicant, Podyhamy, was to the effect that the respondent, Don Carolis Wickremesinghe, had maintained her as his mistress for a period of seven years, and that she had two children by him, one six years old and the other six months old. She further alleges that the respondent continued to maintain her up to about three months before action. He now, so she says, repudiates hi