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Nanu Nair Vs. Puthan Veetil Karthiyayini Ammal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1937Mad547; (1937)1MLJ618
AppellantNanu Nair
RespondentPuthan Veetil Karthiyayini Ammal
Cases ReferredIn Abdul Rahim v. Mst. Amir Begum I.L.R.
Excerpt:
- .....child'.2. the order is accordingly set aside so far as it awards maintenance for the.....
Judgment:

King, J.

1. The question here is whether an adoptive father is liable under Section 488 of the Code of Criminal Procedure to pay maintenance to his adopted child. There appears to be no direct authority on the point. In Abdul Rahim v. Mst. Amir Begum I.L.R. (1926) 7 Lah. 365 however it was held that a step-father is not bound to pay maintenance to his step-son even though, apparently before he deserted his wife he had in fact been maintaining the step-son. While sympathising with the point of view taken by the learned Joint Magistrate, I must, I think, look to the strict words of the section--and from them it seems clear that an adopted child does not fall within the phrase 'his legitimate or illegitimate child'.

2. The order is accordingly set aside so far as it awards maintenance for the child.


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