Madras High Court
Nanu Nair vs Puthan Veetil Karthiyayini Ammal on 26 February, 1937
Equivalent citations: (1937)1MLJ618
JUDGMENT King, J.
1. The question here is whether an adoptive father is liable under Section 488 of the Code of Criminal Procedure to pay maintenance to his adopted child. There appears to be no direct authority on the point. In Abdul Rahim v. Mst. Amir Begum (1926) I.L.R. 7 Lah. 365 however it was held that a step-father is not bound to pay maintenance to his step-son even though, apparently before he deserted his wife he had in fact been maintaining the step-son. While sympathising with the point of view taken by the learned Joint Magistrate, I must, I think, look to the strict words of the section--and from them it seems clear that an adopted child does not fall within the phrase "his legitimate or illegitimate child".
2. The order is accordingly set aside so far as it awards maintenance for the child.