MT KUMLI Vs. EMPEROR THROUGH MRGARDINER

JUDGEMENT

(1.) This is an application in revision from an order of the Sessions Judge, Kamaun, upholding an order of a First-class Magistrate refusing to make an order under Section 488 at the instance of a woman called Musammat Kumli for the payment by one Gardiner of Rs. 15 a month for the education of a child, whom the woman alleges to be her illegitimate child by Gardiner.

(2.) The narrative of case is briefly as follows : - Musammat Kumli was engaged by Gardiner, whose wife was dead, to look after his children some time at the end of 1910 or beginning of 1911. Her husband was in jail, and was released in 1913, in about July as the woman says. She belongs or belonged to the dom caste. She gave birth to a child, the date as alleged by her being November the 15th, 1913. She apparently used to look after Gardiner's children during the winter months and, usually, if not always, return to her home, a village three miles outside Naini Tal, during the hot months, when the children were at Naini Tal.

(3.) She left Gardiner's service in 1919, according to her own account, but more probably in the first half of 1916, as alleged by Gardiner. She at least is certainly wrong about the date because she admits that settlement was made with her at the end of 1918, admittedly also a long while after she was turned out. She says she was turned out because, as Gardiner said, she was now beginning to have children and she admits that not long afterwards she had a 4 months miscarriage.