ACHUTHAN Vs. OBI

JUDGEMENT

(1.) THE suit was by the divorced wife of the defendant, as next friend for maintenance for a child born of their union prior to their divorce. THE suit was filed on behalf of the child, by the mother as guardian.

(2.) THERE appears to have been some proceedings in the criminal court for getting maintenance for the child of the appellant. In this suit a sum of Rs. 12 per month was claimed as maintenance for the minor plaintiff represented by her mother as guardian, and the suit itself was a claim for arrears at the said rate from Chingom 1126 to the end of Dhanu 1130.

(3.) SO far as the question as to whether the parties are governed by the Marumakkathayam system or by Makkathayam system, the learned district Munsiff has not given due consideration to this aspect. Even after referring to S. 20 of the Cochin Makkathayam Thiyya act, Act XVII of 1115, under which the father is the legal guardian, and also referring to S. 15 of the Cochin Thiyya Act, Act VIII of 1107, under which the wife will be the legal guardian in certain circumstances, that court has not really given any finding as to whether the mother in this case is entitled to claim to be the legal guardian of the minor plaintiff so as to justify the institution of the suit by her. SO far as the further questions in controversy between the parties were concerned, the learned District Munsiff has stated that the defendant admits that no amounts by way of maintenance were paid for the minor plaintiff after 1126. But he seems to have taken up the plea that certain amounts were sent in Chingom or so of 1126 which have been returned to him. But nevertheless the trial court was of the view, that the minor, who is being-looked after by her mother is entitled to be awarded maintenance as against the defendant. The trial court also put it on the ground that the fact that a money order has been refused by the mother or that she has informed somebody that she does not want to receive any maintenance from the defendant for the child, will not in any way absolve the legal liability, under which the defendant is to maintain his minor child.