M KUMARAN Vs. RESHMA

JUDGEMENT

(1.) THIS is a plaintiff's appeal against the judgment and decree dated 15th October, 1984, in Suit No.1849/78 on the file of City Civil Court Bombay. I have heard the learned Counsel for the Appellant. The Respondents and Counsel absent.

(2.) THE Appellant filed a suit in the trial court for declaration that the Respondents/defendants are not his children. His case in brief is that he was married to defendants' mother Premavalli on 17th May, 1964. After marriage they were residing together for few years. It is alleged that the wife Premavalli had illicit relationship with one Radhakrishnan, who was living in the same house and who is a close relative of the parties. After coming to know of the illicit relationship and adulterous conduct on the part of the wife, the plaintiff filed a petition No.4805/70 against his wife and obtained a decree for divorce on the ground of adultery dated 14-7-1971. Premavalli then filed a criminal case for maintenance and also a Civil Suit for maintenance on behalf of the minor in the Courts in Kerala. Though the plaintiff contested those proceedings, his objections are overruled. In view of the orders passed in those cases, the plaintiff is being harassed. According to the plaintiff, the respondents are not born to him. Hence, the suit is filed for a declaration that the defendants are not his children born to his wife Premavalli out of the wedlock and they are not entitled to claim any maintenance from him.

(3.) THE Trial Court framed the following issues:-