THANKAMMA Vs. APPUKUTTAN NAIR

JUDGEMENT

(1.) An application dated October 20, 1971 filed by the respondent, who is employed in Military Service, under the proviso to S.488(6) of the Criminal Procedure Code, 1898 - Proviso to S.126(2) of the new Code of 1973 for setting aside an order passed ex parte on May 17, 1971 against him granting maintenance to his illegitimate child at the rate of Rs. 25 per month, was allowed by the District Magistrate, Trichur. The application was filed far beyond the period of three months prescribed in the proviso. S.488 of the Code, so far as is material for the present purpose, reads: -