PARUKUTTY AMMA AND ORS. Vs. THEKKEPATTU NARAYANAN NAIR

JUDGEMENT

(1.) A disputed question of maternity, such as the one in the well -known Annesley Case (about which Charles Reade had referred to in his novel, 'The Wandering Heir' and Smollett in his, 'The Reproof ') is very rare. Not so, as regards disputes of paternity. The present is one such case.

(2.) The scene is at Pattambi, in Central Kerala, (formerly south Malabar), and until recently having a predominantly feudal influence. The principal characters move around a Namboodiri landlord family known by name Karthazhiyath Mana. Like many of its proto -types, the Mana held extensive fields and garden lands. The landlords themselves are reputed to be somewhat indolent and quite often sharing their time between religious rituals, literary discussions and enjoyment of audio -visual arts. The supervision and management of the fields and lands are generally entrusted to an executive agent popularly known as the 'Kariastha', a character depicted in literature and in celluloid, not altogether in good colours. Dependant on a landlord's family are others, who attend to sundry works in the affluent house. Karthazhiyath Mana during the relevant time was headed by Maheswaran Namboodiri, P.W. 3 in the case. The plaintiff Narayanan Nair was the 'Kariastha', for sometime past. He was a bachelor all the time. His house was only about a mile from the Mana. The 1st defendant was a young girl residing in a humble hut situated by the side of the long fields of paddy which the Mana owned in its foreground. The 1st defendant's mother is D.W. 2. Admittedly, the 1st defendant's sister used to attend to the household work in the Mana. The Mana had its gate -house, an adjunct of all feudal mansions of bygone days.

(3.) That the 1st defendant became pregnant and delivered a child, the 2nd defendant in the case, is an undisputed fact. The controversy is about the paternity of the child. The child was born some time early in 1969. His birth was duly reported to the authorities. Ext. B -1 is the extract of the birth certificate. The boy was admitted to the school. Ext. X -1 is the admission register and Ext. X -1(a) dated 24 -5 -1974 is the entry relating to the 2nd defendant in the above register.