KUNHIRAMAN Vs. MANOJ

JUDGEMENT

(1.) Kunhiraman is a wealthy middle-aged eligible bachelor. Vilasini is his neighbour. She is a young spinster working as agent of an insurance company. Vilasini became pregnant and gave birth to Manoj. Pregnancy and delivery were cleverly concealed by her because she was unmarried. Delivery was in the paramba, where the child was abandoned. Matter came to the notice of the police. She was prosecuted, but acquitted, Now the child is happily living with her. In the birth register, Kunhiraman's name appeared as father on her information. He objected and got his name removed. On behalf of Manoj, she filed M.C.No. 17 of 1988 before the Chief Judicial Magistrate, Thalasserry against Kunhiraman under S.125 of the Code of Criminal Procedure for getting maintenance. Kunhiraman denied paternity. Chief Judicial Magistrate found him to be the putative father and awarded maintenance at the monthly rate of Kunhiraman wants to revise that order.

(2.) Both Kunhiraman and Vilasini hail from families having good antecedents. In the petition and in the box as PW.1, Vilasini said that in her life, she gave sexual access only to Kunhiraman. Kunhiraman denies having had any such access to her and said that the child must have born to somebody else. But he was not able to pinpoint anybody or say that Vilasini was living a life of bad virtues.

(3.) Vilasini sad that she went to Kunhiraman to canvass a policy and he readily obliged. Her further case is that Kunhiraman took interest on her and offered to help her by canvassing policies from other and the he did so. Kunhiraman admits that himself and his brother took policies from her, but says that it was at the intervention of her grandmother, for which there is no evidence. Vilasini says that Kunhiraman's helping attitude persuaded her to meet him again and one day, when the meeting was at a time when Kunhiraman alone was in the house he forced her to sexual intercourse for which she yielded after initial resistance on account of his promise to marry her. Thereafter, visits and sexual connection became a regular affair and she became a pregnant , she said , Kunhiraman flatly denied all these facts. His attitude is that he never her.