Hira Lal vs Saheb Jan

Johna Edge, Kt., C.J.—This is an application to revise an order in bastardy on the ground that the Magistrate did not examine some of the applicant''s witnesses. The woman''s case is that she had been kept by the applicant for two years, and when she became in the family way by him he turned her out of doors. She proved that she had been kept by him; that she had been turned out of doors; and that the applicant was the father of her child. Now there were two people who must have known whether this man and this woman had had connection at or about the time when the child might have been conceived. These two people were the mother of the child and the applicant, whom she alleges to be its father. She gave her evidence. He could have tendered himself as a witness in his own behalf, but he carefully avoided going into the witness-box and tried by evidence to prove what I may call an argumentative case. He wanted the Magistrate to infer that he could not have kept the woman and had connection with her, because he was a Hindu and she was a Muhammadan, and he would be liable to be outcasted for keeping a Muhammadan woman.

The material question was--had he connection with the woman about the time when the child might have been conceived?--not whether he would be liable to be outcasted if he had. The man could have given evidence on oath if he had chosen to do so. He merely relied on the answers given by him to questions put by the Magistrate, and on evidence which he called. It is contended that if the Magistrate had examined all the witnesses he would have found that the woman was of bad character.

A woman may be of bad character and yet be entitled to an order for maintenance of her illegitimate child if she proves that the man against whom she proceeds was the father of the child. I am not informed that there is any affidavit to show that any witness who was not examined was prepared to say on oath that he himself was the father of the child. There is no sufficient ground for interfering, and I dismiss the application.