High CourtsDivision Bench(1941) 08 MAD CK 0059

Mrs. Raji Bai Ammal, guardian and mother of Dickson Chandrabasan and Another vs Md. Nathar Sahib

Madras High Court · Decided on 27 August 1941 · Citation: AIR 1942 Mad 251 : (1941) 2 MLJ 693

HON’BLE JUDGES
Horwill, J

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Judgment

3 paragraphs · 81 words

Horwill, J.—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.