PARUKUTTY AMMA v. THEKKEPATTU NARAYANA NAIR — 1985 DIGILAW 138 (KER)

JUDGMENT : K. SUKUMARAN, J. 1. A disputed question of maternity, such as the one in the well known Ansley Case (about which Charles Reade had referred to in his novel, 'The Wandering Heir' and Smollett in bis, `The Reproof' is very rare. Not so, as regards disputes of paternity. The present is one such case. 2. The scene is at Pattambi, in Central Kerala, (formerly South Malabar), and until recently having a predominantly feudal influence. The principal characters move around a Namboodiri landlord family known by name Karthazhiyath Mana. Like many of its prototypes, the Mana held extensive fields and garden lands. The landlords themselves are reputed to be somewhat indolent and quite often sharing their time between religious literary rituals, discussions and enjoyment of audio-visual arts. The supervision and management of the fields and lands arc generally entrusted to an executive agent popularly known as the `Kariastha', a character depicted in literature and in celluloid, not altogether in good colours Dependant on a landlord's family arc others, who attend to sundry works in the affluent house. Karthazhiyath Mana during the relevant time was headed by Maheswaran Namboodiri, P.W 3 in the case. The plaintiff Narayanan Nair was the `Kariastha', for sometime past. He was a bachelor all the time. His house was only about a mile from the Mara The 1st defendant was a young girl residing in a humble hut situate by the side of the long fields of paddy which the Mana owned in its foreground. The 1st defendant's mother is D.W. 2. Admittedly. the 1st defendant's sister used to attend to the household work in the Mana. The Mana had its gate-house, an adjunct of all feudal mansions of bygone days. 3. That the 1st defendant became pregnant and delivered a child, the 2nd defendant in the case, is an undisputed fact. The controversy is about the paternity of the child. The child was born sometime early in 1969. His birth was duly reported to the authorities. Ext.BI is the extract of the birth certificate. The boy was admitted to the school. Ext XI is the admission register and Ext.XI (a) dated 24.5.1974 is the entry relating to the 2nd defendant in the above register. 4. The version of the girl is that the plaintiff used to meet her, and quite frequently in the premises of the Mana where both were serving. The boy was admitted to the school. Ext XI is the admission register and Ext.XI (a) dated 24.5.1974 is the entry relating to the 2nd defendant in the above register. 4. The version of the girl is that the plaintiff used to meet her, and quite frequently in the premises of the Mana where both were serving. An intimacy developed between them. Quite often,' the plaintiff was staying in the gate-house. There were secret meetings between them The plaintiff also used to go to the house of the 1st defendant. The mother of the 1st defendant (D w2-) acquiesced in the two being together as the plaintiff had promised to marry her. As it quite often happens, the promise was honoured only in its breach. The 2nd defendant is the child born out of the romantic but irregular union of the parties. In the rural set up the birth of an illegitimate child is a matter for subdued talk among the women and serious discussion among the men. There is indication that some respectable men of the locality, among whom one Gopala Menon is a prominent person, intervened in the matter. A formula which apparently satisfied by both parties was arrived at : the plaintiff need not marry the 1st defendant but shall pay towards the maintenance of the 2nd defendant. The plaintiff later defaulted payment The 1st defendant was later denied even the job in the Mana. The 1st defendant then demanded maintenance for the 2nd defendant by a notice dated 15-2-1978. The plaintiff tried the usual trick. The notice was returned by the post man with the endorsement that the plaintiff refused to receive it. The next step open to her was to seek maintenance under the Criminal Procedure Code. This she did by filing a petition M.C. No. 9 of 1978 in the Judicial First Class Magistrate Court, Pattambi Three witnesses gave evidence on her side. One was Hamsa, who had been in the neighbourhood for the past fourteen years. the had spoken about the frequent visits the plaintiff used to make to the house of the 1st defendant. 5. The Magistrate passed the order Ext. A1 on 18-4-1979, allowing the boy maintenance at the rate of Rs 50/-. On the basis of strong supporting materials, the Magistrate portrayed the plaintiff as a person `not speaking tire truth'. the had spoken about the frequent visits the plaintiff used to make to the house of the 1st defendant. 5. The Magistrate passed the order Ext. A1 on 18-4-1979, allowing the boy maintenance at the rate of Rs 50/-. On the basis of strong supporting materials, the Magistrate portrayed the plaintiff as a person `not speaking tire truth'. The evidence of the girl and her mother, supported by that of the neighbour Hamsa, was believed by the Magistrate. Documentary evidence such as the birth certificate, and the endorsement regarding refusal to receive the postal notice, was viewed as supposing the inference. The disinclination to be subjected to a blood test which was specifically prayed for by a j petition filed in that behalf by the woman was treated as yet another circumstance fortifying the conclusion. 6. The order of the Magistrate was upheld by the Session's Judge in revision, as is evident from Ext.A2 dated 16 8-1979. All the contentions, factual and legal, were elaborately considered by the Session's Judge. The order granting maintenance under the Criminal Procedure Code thus became final and ; binding between the parties That was not, however, the end of it. 7. Within two months of Ext A2, the present suit was filed for a declaration that the plaintiff is not the father of the 2nd defendant. The thrust of the averments in the plaint is that the plaintiff became a Kariastha of the Mana only in 1972, long after the birth y of the 2nd defendant, and consequently there was no possibility of the plaintiff and the 1st defendant meeting and mating together. This case was sought to be established by the additional evidence attempted through P.W. 3, the head of the Mana. The trial court one proper consideration of the evidence and other relevant matters dismissed the suit with costs The temporary injunction granted against the operation of the order granting maintenance was vacated. 8. The plaintiff then appealed His appeal was successful. This resulted in a decree granting declaration as prayed for by the plaintiff. The woman and the child were back to square one Leaving despair behind and holding hope before, they have approached this Court in Second Appeal. 9. The justifiability of the appellate decree which dislodged that of the trial court, is the crucial question to be considered. This resulted in a decree granting declaration as prayed for by the plaintiff. The woman and the child were back to square one Leaving despair behind and holding hope before, they have approached this Court in Second Appeal. 9. The justifiability of the appellate decree which dislodged that of the trial court, is the crucial question to be considered. Whether in coming to its conclusion, the appellate court has committed serious errors of law justifying interference in the limited jurisdiction of the second appeal is to be considered in that context. 10. The learned Munsiff had given the following reasons in support of her conclusion :(1) The plaintiff did have any specific case about the time from which he started his employment under the Mana. "The plaintiff has got no case that he started his work in the Mana in 1972 in M.C. 9 of 1978. It is a subsequent development and for the first time he has stated so only in the suit. It is not an accidental omission because the basis of the plaintiff's case is that there was no opportunity for him to meet the first defendant." (2) The case of the plaintiff that the 1st defendant was never employed in the Mana was substantially shattered by the evidence of P.W. 3 Mahaswaran Nambudiri when he admitted that the 1st defendant's sister had been employed in the Mana for 10 to 13 years and that during the period the 1st defendant might have frequented the Mana. (3) The plaintiff's case about the maintenance proceeding being instigated by Kesavan Nair, Ali and Unnikrishnan had not been substantiated Unnikrishnan is a college lecturer. The reasons for suggesting enmity as against those persons are totally inadequate. (4)The birth register Ext.B1 contains an entry which shows that the plaintiff is the father of the 2nd defendant This information was given soon after the birth of the 2nd defendant. Even after coming to know of such an entry, the plaintiff had not taken any steps for the deletion of that entry. "Only after the first defendant filed petition for maintenance lie has got this case that the entries made in Ext B1 are not correct." (5) The discrepancy of the date of birth in the birth register as also in the admission register of the 2nd defendant is not material. "Only after the first defendant filed petition for maintenance lie has got this case that the entries made in Ext B1 are not correct." (5) The discrepancy of the date of birth in the birth register as also in the admission register of the 2nd defendant is not material. (6) The evidence of the 1st defendant is corroborated by the evidence of her mother. Even though her evidence is discrepant in relation to the date of birth of the 2nd defendant, that does not affect its acceptability. (7) The conduct of the plaintiff in having refused to receive the lawyer's notice sent under Ext.B2 justifies an adverse inference being drawn against him (8) The plaintiff had no case that the 1st defendant had relationship with any other person or persons. (9) The plaintiff had declined to subject himself to a blood test. 11. The lower appellate court took the view that the evidence of P.W.3 ruled out any possibility of the plaintiff and the 1st defendant meeting together either in the gatehouse or in the house of the 1st defendant. The birth register could not be acted upon in view of the provisions in the registration of Births and Deaths Act, 1969 (Act, 18(69), where-under in the case of an illegitimate child both the mother and father should jointly require that the person be registered as the father of the child and the relevant entry should be signed by the mother and the father. The discrepancy in the date of birth of the 2nd defendant as seen in the birth register and the admission register as also the discrepancies regarding the date on which the 2nd defendant was born as given in the evidence of D.W. 2, the mother of the 1st defendant before the Magistrate Court and in the Civil Court, would also make it unsafe to rely on Ext.B1. Even in Ext.B1, the house name of the plaintiff was not given, though reference was made to `Narayanan Nair' as the father of the 2nd defendant. The evidence of D.Ws. 1 and 2 could not be accepted; there was no evidence to prove about the plaintiff's promise to marry the 1st defendant. Gopala Menon who, according to D.Ws. Even in Ext.B1, the house name of the plaintiff was not given, though reference was made to `Narayanan Nair' as the father of the 2nd defendant. The evidence of D.Ws. 1 and 2 could not be accepted; there was no evidence to prove about the plaintiff's promise to marry the 1st defendant. Gopala Menon who, according to D.Ws. 1 and 2, was responsible for the payment of maintenance, had not been examined No adverse inference could be drawn against the plaintiff for the refusal to receive lawyer's notice sent by registered post, in view of the non-examination of the postman. 12. The appellate finding is forcefully assailed in this Court. After hearing the arguments on either side, I am clearly of the view that the court below has erred, and erred grievously in its approach, reasoning and conclusion in the case. On crucial questions of law it had misdirected itself. 13. At the outset, it is necessary to bear in mind that the suit is one for a declaration to set at naught decisions rendered in maintenance proceedings under the Criminal Procedure Code. The decision was so rendered after examination of three witnesses on the side of the woman, including an independent neighbour, Hamsa. The justifiable condemnation of the counter-petitioner therein, who is the plaintiff in the suit, both by the Magistrate and by the Sessions Judge cannot be lightly ignored The plaintiff declined to subject himself to a blood test, though there was a specific prayer in that behalf in the course of the proceedings before the Magistrate. This also would be an added circumstance justifying an adverse inference against the plaintiff. In relation to many matters, the first version given by the parties had been carefully evaluated by the courts in those proceedings. The employment of both the plaintiff and the 1st defendant in the Mana, the proximity of the defendant's house to the Mana, the frequent visits made by the plaintiff to the 1st defendant's house, the existence of a gate-house for the Mana at the relevant time, are all matters which had been discussed: those proceedings on the basis of very elaborate evidence adduced in the case. The background material should necessarily be taken note of while disposing of the civil suit. 14. The background material should necessarily be taken note of while disposing of the civil suit. 14. Due importance has necessarily to be attached to the attendant circumstances The birth register is a document contemporaneous to the birth of the 2nd defendant No doubt, if there is a joint statement and an entry signed by both the parents, the statute gives presumptive force to the evidence afforded thereby. Its effect as a contemporaneous document depicting events of the time is not, however, totally lost for the only reason that both the parents had not jointly given the information and signed the entry. In the present case, it was the grandmother of the 2nd defendant, and mother of the 1st defendant, that had given the information. It has not been established that she had any particular evil motive in causing a false entry to be made regarding the paternity of her own grand child. (The lower appellate court has referred to the decision of the Patna High Court in Thakur Prasad v. Godavari Devi, AIR 1951 Pat. 514 and the decisions of this Court in Bkaskaran v. Kunhupennu, 1959 K.L.T. 994, and Kunjuraman v. Meenakshi Syamala, 1970 K.L.T. 489. These decisions have only emphasised the necessity for a corroboration of the evidence of the mother of the illegitimate child). The entry in the register was allowed to continue all through, despite the fact that the plaintiff had known about it. Such an entry has a strong effect in corroborating the case of the 1st defendant. The discrepancies regarding the date of birth of the 2nd defendant is no ground at all to overlook such an important piece of evidence corroborative of the defence version In Bishwanath v. Dulhin Lalmuni, AIR 1968 Pat. 481 the Patna High Court observed : "Evidence of witnesses in this country cannot be discarded on the ground of discrepancies as to time and date of matters in respect of which they do depose. They are mostly illiterate and their evidence as to time and date cannot be expected to be arithmetically correct” This approach in the appreciation of evidence has been adopted as correct by this Court also (See Sreekumari v. Radtimany Amme, ILR 1976 (1) Ker 605, Janaki Amma v. Rama Warier, 1985 KLT 283 and Vembira v. Rayarappan Nambiar, 1985 K.L.T.S.N. 30. This important principle of law was overlooked by the lower appellate court, while evaluating the effect and impact of Ext.B1, and appreciating the evidence of D.Ws. 1 and 2 In so doing, it committed an error on a substantial question of law. 15. Yet another important circumstance is the conduct of the plaintiff in refusing receive the registered notice Ext B2. The evidence of the plaintiff himself is that the postman is known to him He had, however, not cared to enquire why an endorsement about his refusal to receive the notice has been made in Ext B2 Ordinarily, it should be assumed that the endorsement is correct The plaintiff had not taken any step to examine the postman and to establish the falsity of that endorsement. An adverse inference against the plaintiff is justified in such circumstances. 16. The third important circumstance corroborative of the defence version is the disinclination of the plaintiff to subject himself to a blood test. The blood test has its conclusiveness in a negative fashion. The usefulness of such a test in a limited, and in a negative sense, had been discussed by various decisions. There is a detailed survey of the legal position here and elsewhere by Ramaswami, J. in Subbayya Gounder v. Bhoopala, AIR 1959 Mad. 396 . If there is dissimilarity in the blood group of the two persons, that would ordinarily disprove the allegation of paternity as regards the plaintiff. The converse will not necessarily be true. Thus, even if there is similarity in the blood groups, it is not conclusive evidence about the paternity of the plaintiff as regards the 2nd defendant. The decisions have, however, indicated that an omission to be subjected to a blood test would give rise to an adverse inference against a party, who shies away from such a test. The plaintiff had admitted about his refusal to be subjected to the blood test. This would be yet another strong circumstance tending to corroborate the defence version about the plaintiff's paternity of the 2nd defendant. Thus, individually and jointly, the three circumstances would be more than sufficient to corroborate the evidence of D.Ws. 1 and 2. 17. The present case, therefore, is not one where the evidence consists of merely the evidence of the woman about the paternity of the child Corroboration has been attempted by the evidence of her own mother. Thus, individually and jointly, the three circumstances would be more than sufficient to corroborate the evidence of D.Ws. 1 and 2. 17. The present case, therefore, is not one where the evidence consists of merely the evidence of the woman about the paternity of the child Corroboration has been attempted by the evidence of her own mother. No doubt, the mother being an interested person. her evidence will have to be scrutinised carefully. If, after such a careful scrutiny, the defence evidence found acceptance with the trial court, that appreciation of evidence should not be interfered with by the appellate court, in the absence of other justifiable reasons. As noted earlier, mere discrepancies relating to the date and time of the birth of the 2nd defendant would not be sufficient to discard the testimony of D.W.2. 18. Many decisions have taken the view that without independent corroboration, the evidence of the woman should not be treated as sufficient for fastening liability on a man. 19. What are the basic principles to be noted in relation to corroborative evidence in a case like this ? This vexed question had been considered by judicial decisions from very early times. There is indeed a long list of cases where domestic servants had to resort to legal proceedings for maintaining their children, quite often born out of an irregular union. Undue sympathy for the mother on the one hand, or an undue eagerness to insulate a man against possible frivolous claims, are likely to deflect the course of justice. On the one hand, men should not be at the mercy of profligate woman, as observed by Phillimore, L.J. in Mash v. Darley, (1914) 3 K.B. 1226 (1235). At the same time, any court has to reckon in all such cases what. Scrutton, L.J. emphasised in Thomas v. Jones, (1920) All E.R. Rep. 462. "From the nature of the case it is almost inevitable that you will never have any corroboration of that fact directly. At the same time, any court has to reckon in all such cases what. Scrutton, L.J. emphasised in Thomas v. Jones, (1920) All E.R. Rep. 462. "From the nature of the case it is almost inevitable that you will never have any corroboration of that fact directly. People who have illicit connection do not usually do it in the presence of witnesses, and if a witness were present he could not say that the child resulted from that connection Consequently `corroboration' can never mean corporation of the actual facts of sexual connection from which the child results- The corroboration must be external evidence of circumstances which form circumstantial evidence of the main fact, that is to say, which are facts from which there appears a probability that the main fact happened or from which it may be inferred that the main fact happened". The other side of the picture is perhaps clearly given by Atkin, L.J. in the same judgment when he said : "The evidence of the mother of the child to be sufficient has got to be corroborated in some material particular by other evidence to the satisfaction of the justices. That appears to me to be a very important safeguard inserted by the legislature, and it appears to me. of the greatest importance that it should not be whittled down, but should be maintained, as, in my experience, it is absolutely essential for the purpose of doing justice between the complainant and the respondent in matters of this kind, where charges are so easily brought and repudiated with such difficulty, and where there is often a strong temptation to conceal the identity of the real father and impose liability on the person who is best able to bear it" (emphasis supplied). Again, as pointed out by Buckley, L.J. in (1514) 3 K.B. 1226 supra, corroborative evidence may be found either in the admissions by the man or inference properly drawn from the conduct of the man. In an earlier case, Dawson v. Mckenzie, (1908) 45 S.C. L.R. 473 decided by the Scotish Court, Lord Dunedin pointed out that mere proof of opportunity does not amount to corroboration. An opportunity may be of such a character as to bring m the element of suspicion. The circumstances and locality of the opportunity may be such as in themselves may amount to corroboration. An opportunity may be of such a character as to bring m the element of suspicion. The circumstances and locality of the opportunity may be such as in themselves may amount to corroboration. The opportunity may have a complexion put upon it by statements made by the defender which are proved to be false, "It is not that a false statement made by the defender proves that the pursuer's statements are true, but it may give to a proved opportunity a different complexion from what it would have borne had no such false statement been made". The corroboration can even come from false statements made by the putative father in the course of the legal proceedings. 20. It may sometimes happen that a man and a woman may, having regard to the nature of their employment, have to meet frequently. Such a natural meeting, and in public, may not justify an inference that a child born to the woman was one born out of a connection between the two. But if the movements are of such a nature, and if, having regard to the social habits and other factors, the two would not have been seen together in company, that may justifiably offer itself as a piece of corroborative evidence to the mother's sworn testimony. 21. It is therefore obvious that the social background and the character of the woman have an important bearing in such cares. 22. The existence or otherwise of a suggestion about the woman having contacts with other men is also relevant in such a context. If there is no suggestion at all about the woman having any amorous connection with another man or other men, that may have to be properly taken into account in the evaluation of the evidence of the mother of the child. 23. The fact that there was no suggestion about the girl being a fast girl, was noted to be a corroborative circumstance in Mash v. Darley. (supra) by Buckley, L.J. In Moore v. Hewitt, (1947) 2 All E.R. 270. Lord Goddard noted : "There was no suggestion that the respondents had associated with any other man". 23. The fact that there was no suggestion about the girl being a fast girl, was noted to be a corroborative circumstance in Mash v. Darley. (supra) by Buckley, L.J. In Moore v. Hewitt, (1947) 2 All E.R. 270. Lord Goddard noted : "There was no suggestion that the respondents had associated with any other man". He pointed out the possibility of there being circumstances where parties are associating in the ordinary and natural course of things The claim of paternity advanced by the woman was upheld in that case, nothing with emphasis the fact that there is no suggestion that the girl was associating with anyone else." 24. Kennedy, L.J. in (1914) 3 KB. 1226 (supra) gave emphasis to one aspect when he observed : "The girl had been living in the man's house as a domestic servant, the fad of her being with child was not it dispute. The man had given evidence himself on the first occasion suggestive of improper conduct of other persons, and on the later occasion, when it was very important for him, if he could, to have shown similar conduct on her part, he withdrew that suggestion altogether." This fact was found to be sufficient evidence of corroboration in that particular case. 25. Most of the decisions are those where the principles are applied by the Courts to the different factual situations. It is therefore unnecessary to examine all of them at length. The legal principles to be observed have been stated generally by Bhat, J. in Muhammed v. Sulekha, 1981 K.L.T. (S.N. 11) Case No. 20. 26 The only significant aspect to be observed is the new complexion which the question assumes, when considerable light is thrown on the features of the Indian womanhood in such a context. By and large, a profligate woman is a rare phenomenon in India Even when the women belong to a financially or socially lower strata, they are unlikely to fasten the responsibility of parenthood on a totally ' innocent person. Not that such cases could be a totally ruled out. Cases of that nature would be, by and large, very rare. 27. In a context where the woman gives evidence about the connection she had with a particular man, the conduct of the man itself becomes crucially significant. May be in situations like Thomas v. Jones (supra) or Jones v. Thomas, (1933) All E.R. Rep. Cases of that nature would be, by and large, very rare. 27. In a context where the woman gives evidence about the connection she had with a particular man, the conduct of the man itself becomes crucially significant. May be in situations like Thomas v. Jones (supra) or Jones v. Thomas, (1933) All E.R. Rep. 535, the conduct as disclosed by the circumstances singly and cumulatively may yield to an explanation consistent with his innocence in the matter. The dividing line is indeed a thin one, as is demonstrated by the circumstances in (1914) 3 K.B. 1226 supra. 28. Some of the decisions which have not riveted proper attention to the basic principles, have put an unnecessarily heavy onus on the mother. It is unnecessary to subject such decisions for consideration by a larger Bench in as much as the Supreme Court of India has now given clear guidelines in the appreciation of the evidence of a woman in such circumstances. 29. There is much force in the criticism that the hitherto taken is indicative of a male chauvinistic approach. These decisions have underscored many salient and relevant features of Indian womanhood, neatly analysed and lucidly expressed by the classic decisions of the Supreme Court in Bhoginbhai Hirjibhai v. State of Gujarat, AIR 1983 S.C. 753 . That was a case where the Supreme Court confirmed a conviction for rape. The need for insisting on corroboration to the testimony of the prosecutrix in such cases was discussed. The Supreme Court observed : "Why should the evidence of the girl or the woman who complains of rape or sexual molestation be viewed with the aid of spectacles fitted with lenses tinged with doubt, disbelief or suspicion ? To do so is to justify the charge of male chauvinism m a male dominated society. We must analyse the argument in support of the need for corroboration and subject it to relentless and remorseless cross-examination. And we must do so with a logical, and not an opinionated, eye in the light of probabilities with our feet firmly planted on the soil of India and with our eyes focused on the Indian horizon. We must not be swept off the feet by the approach made in the western world which has its own social li-lieu, its own social mores, its own permissive values, and its own code of life. We must not be swept off the feet by the approach made in the western world which has its own social li-lieu, its own social mores, its own permissive values, and its own code of life. Corroboration may be considered essential to establish a sexual offence in the backdrop of the social ecology of the western world. It is wholly unnecessary to import the said concept on a turn-key basis and to transplant it on the Indian soil regardless of the altogether different atmosphere, attitudes, mores, responses of the Indian Society, and its profile. The identities of the two worlds are different. The solution of problems cannot therefore be identical." (Emphasis supplied) the approach indicated by the Supreme Court, though in a different setting, would justify a fresh look in the attitude of the court in relation to the appreciation of a woman's (a woman in the tradition bound non permissive society of India) evidence in situations such as in the present case. 30. Having regard to the secrecy in which the man and the woman meet and mate, ordinarily, direct corroborative evidence may be impossible. It is ordinarily unlike y that in the Indian situation, a girl would attribute the paternity of an illegitimate child born to her to an innocent person. Unless therefore there are circumstances indicative of the unreliable character of the woman, or the acceptable nature of her evidence, her evidence could be safely acted upon by a court of law. The fact that them was no suggestion about the 1st defendant having any connection with other persons, or of her being a person of ill-repute are all relevant and material in this context. If the motive was "to impose liability on the person who is best able to bear it", (as indicated in Thomas v. Jones (supra), the 1st defendant could have pitched upon the heal of the Mana and not the agent, the plaintiff herein. 31. The broad background also would lend assurance to the conclusion reached by the Criminal courts while dealing with the maintenance case, and by the Munsiff in disposing of the suit. It is not as though the frequent meeting at the place of employment is indispensable for an intimacy to develop and such intimacy to lead to the pregnancy of the girl. It is not as though the frequent meeting at the place of employment is indispensable for an intimacy to develop and such intimacy to lead to the pregnancy of the girl. In the present case, even according to P.W. 3, he had paddy fields just in front of his Mana. The stance between the Mana and the house of the 1st defendant is about 1 furlongs. There is positive evidence about the existence of a gate house for the Mana. That is ordinarily so. It is difficult to conceive of a reputed Mana without a gate house. The shrewdness and sublity characteristic of persons like P.W. 3 have to be noted in appreciating the evidence of P.W. 3. He said : "There is no gate-house now." He did not say that the Mana did not have a gate-house at all at any time. He was testifying in the case only in 1979. The intimacy between the parties developed and the 1st defendant became pregnant nearly a decade earlier, in 1968-69. There is also the positive evidence about the frequent visits made by the plaintiff to the 1st defendant's house As noted earlier, in the criminal proceedings there is even independent evidence of a neighbour, Hamsa. When there is such abundance of positive evidence about the plaintiff and the 1st defendant having had opportunities of meeting together and having intimacy between I them, tire version given by the woman can be I accepted. 32. The only additional circumstances brought in the suit for declaration by the plaintiff is the evidence of P.W. J His interest in the plaintiff is plainly transparent, It is too much to believe that P.W. 3's Mana would think of having a Kariastha only in 1972, that is, after the Land Reforms Act had come into effect in 1970. Initially P.W. 3 stated that the 1st defendant had not been employed in the Mana at all. He had, however, admitted that her sister had been in the regular employment in the Mana for about 10 to 13 years. P.W. 3 could not rule out the 1st defendant having gone to the Mana on various occasions. It will be ordinarily difficult for P.W. 3 to assert that the plaintiff and the 1st defendant did not at all meet at the gate-house. P.W. 3 could not rule out the 1st defendant having gone to the Mana on various occasions. It will be ordinarily difficult for P.W. 3 to assert that the plaintiff and the 1st defendant did not at all meet at the gate-house. The nocturnal peregrinations in the rural set up, are such as to render incredible the emphatic assertion as attempted by P.W. 3. It is sufficient to say that his evidence would not be destructive of the effect of the positive and reliable, evidence offered by the defence and corroborated by circumstances. 33. In the light of the above discussion, the judgment and decree of the appellate court have to be set aside. I do so. The suit will stand dismissed with costs throughout, separate set of costs being payable for both the defendants. 34. There was a temporary injunction though conditional by the Munsiff, it is not known whether the defendants were in receipt of maintenance as ordered by the Magistrate under Ext. A1 in full measure A copy of this judgment will be forwarded to the Judicial First Class Magistrate, Pattambi, with a direction to ensure that recovery of all arrears of maintenance is effected without any further loss of time. The Magistrate will within three months of the receipt of the copy of the judgment submit a report to this court about the steps taken in the matter and the payments effected to the defendants.