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MEENATCHI v. SUPRAMANIAN CHETTY.
P. C., Avissawella, 1,215.
Maintenance—Refusal of grandmother to give up child to its father—Her
right to claim maintenance from him for its support.
If the father of an illegitimate child whose mother is dead iswilling to take it into his house and maintain it, its grandmother,who refuses to give it up to the father, has no right to claimmaintenance for its support.
HE complainant’s application for maintenance of her deceased
daughter’s two children by the accused was rejected on theground that the elder child, a girl, was being maintained by him,and that he was prepared to take over and maintain the youngerchild, a boy.
The Police Magistrate, Mr. Godamune, upheld the first objection,but as regards the second objection, he ordered that, as thechildren were illegitimate, the mother was their natural guardian,and as upon her death the grandmother took her place as guardian,
' the accused respondent should pay her Rs. 5 for the maintenanceof the boy.
On appeal, there was no appearance.
12th July, 1898. Lawbie, J.—
Mr. Justice Browne was obliged to send this case back inorder that the Magistrate should make a definite order specifyingfor which of the children he ordered the respondent to paymaintenance. The Magistrate this time says : “ I order that the“ respondent do pay him Rs. 5 monthly for its'maintenance.”
This is worse than before, for the applicant is a woman, andthe child is not named, even its sex is left undetermined. TheMagistrate calls the child “it.” On the merits I hold that therespondent is not liable to pay maintenance to the applicant forthe illegitimate child.
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The mother of the child is dead, and the respondent nowmaintains one of his and her children.
The respondent does not refuse to maintain the other child, ababy of six months old. He offers to take it and maintain it inhis own house, and the applicant, the maternal grandmother, hasno right to demand maintenance for the baby if she refuses togive the child to the father.
I set aside and dismiss the application.