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Mrs. Raji Bai Ammal, Guardian and Mother of Minor Dickson Chandrabasan and anr. Vs. Md. Nathar Sahib - Court Judgment

LegalCrystal Citation
SubjectCriminal;Family
CourtChennai
Decided On
Reported inAIR1942Mad251; (1941)2MLJ693
AppellantMrs. Raji Bai Ammal, Guardian and Mother of Minor Dickson Chandrabasan and anr.
RespondentMd. Nathar Sahib
Excerpt:
- orderhorwill, j.1. in view of the clear wording of section 112 of the evidence act, all admissions of paternity are irrelevant if the complainant fails to prove that she and her husband had no access at the time when the child could have been begotten.2. the magistrate has held that there may have been access. the petition for maintenance had necessarily therefore to be dismissed, however convincing the evidence adduced by the complainant might have been.3. this petition is dismissed.
Judgment:
ORDER

Horwill, J.

1. In view of the clear wording of Section 112 of the Evidence Act, all admissions of paternity are irrelevant if the complainant fails to prove that she and her husband had no access at the time when the child could have been begotten.

2. The Magistrate has held that there may have been access. The petition for maintenance had necessarily therefore to be dismissed, however convincing the evidence adduced by the complainant might have been.

3. This petition is dismissed.


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