Judgment :- 1. This too is the case of a sad story of a deceived damsel. 2. Radha, a young Harijan girl belonging to the Kurava community, had as her neighbour, Sasidharan. Sasidharan served in the military. Earlier acquaintance which later developed as intimacy, gave access to each other. Sasidharan had come home on leave in 1974. There were physical contacts and the resultant birth of a child. The child was born in 1975. 3. After the birth of the child, it was again the repetition of the well-known experience a disclaimer of liability by the man, a case of anguish to the parents of the girl, and sheer helplessness for an unmarried mother. 4. Requests for maintenance and for protective provisions by the distressed girl, as usual, were spurned by the man. His military service might have insulated him against possible social pressure. 5. Sasidharan had a lurking apprehension about a photograph in the custody of the girl, one in which both had posed together in the rosy romantic days. That was felt to be an inconvenient document, when the man decided to shift his stand and forget the girl. A complaint was given by him about the theft of a photograph. That was inquired into, with presumably a harrowing experience for the Harijan girl. The police ultimately, however, referred the case. 6. Soon came the proceedings M.C. 91/1975, before the Magistrate's Court, the wife claiming maintenance. Three witnesses were examined before the Magistrate. Sasidharan satisfied himself by giving his own evidence. The proceedings ended in an award of maintenance to the child. Ext.Bl dated 4-5-1976 is the order. Only a sum of Rs. 20/- was awarded as maintenance for the child! 7. The present suit was filed by the man to avoid the liability under Ext.B1 order. 8. The suit was successful in the trial court, which, I am sorry to say, acted in a heartless manner. 9. In appeal, the lower appellate court differed from the trial court, allowed the appeal and dismissed the suit, thus sustaining the award of maintenance under Ext.B1. 10. The second appeal is directed against the judgment and decree of the lower appellate court. 11. In a communication addressed to the court the respondent, mother of the child, narrated her tragic plight and utter inability even to enter appearance in the case, not to say anything to defend the case. 10. The second appeal is directed against the judgment and decree of the lower appellate court. 11. In a communication addressed to the court the respondent, mother of the child, narrated her tragic plight and utter inability even to enter appearance in the case, not to say anything to defend the case. The fact that she had not received even a single coin, inspite the order of the Court, and despite the passage of more than a decade, was emphasised therein. 12. The matter was elaborately and tenaciously argued on behalf of the appellant. The respondent was undefended. The strong facts built up for her a fortification to defend the decree of the lower court in her favour. 13. After hearing all the arguments of the appellant, I am satisfied that no interference is called for in the case. The reasons are discussed below. 14. Ext. B1 is the order of the Magistrate Court awarding maintenance. That was the first time when a judicial tribunal came into contact with the parties and their controversies. The order is strong and eloquent with its substantive evidence and firm logic. The evidence of the unfortunate unmarried mother was specifically referred to by that Court; and it was observed: "The testimony of P. W.1 bears the impress of truth from start to finish despite searching cross examination. P. Ws.1 and 3 would also swear that P.W.1 and the counter petitioner had intimacy". 15. The evidence of P. W. 2 there, was not accepted on the ground that his eye sight had been seriously impaired. The Court noted that P. W. 2 could identify the counter-petitioner, who asserted that by familiarity with the voice, he could, even with a diminished vision, pitch upon a person, somewhat accurately. The evidence of the third witness, was also found to be acceptable; and was relied upon. About that witness, the learned Magistrate observed: "The note of P. W. 3's testimony is such that I have no hesitation to place reliance on her". The Magistrate noted that the exchange of photographs is 'an ordinary event, among lovers', and viewed the custody of photograph in that background. Though there was a suggestion that the girl was leading a morally loose life, there was absolutely no evidence to probabilise that wild and convenient suggestion. 16. The suit for avoiding a liability cast under a maintenance order, requires strong and convincing evidence. Though there was a suggestion that the girl was leading a morally loose life, there was absolutely no evidence to probabilise that wild and convenient suggestion. 16. The suit for avoiding a liability cast under a maintenance order, requires strong and convincing evidence. This has now been repeatedly laid down by decisions of this court. Baby v. Mathai, 1988(1) K.L.T. 654 is a decision rendered recently, where too a Harijan girl was the victim of the neglect. 17. The trial court was not justified in ruling out all possibility of intimacy and physical contact for the only reason that the woman's case earlier was that they were living as husband and wife. The mental agony of the girl, in such a sad situation, has necessarily to be sympathetically viewed and appreciated. The fact that she attempted to conceal her pregnancy for some time also does not in any way disprove her version that the plaintiff was the one and only one who had had sexual contact with her and that it was he who was the father of the child. The approach of the trial court was mechanical and artificial. The realities of life, the rustic environment, the human relationship, and the weak susceptibility of an unfortunate illiterate Harijan girl, are all to be viewed with understanding and sympathy. The trial court committed a serious mistake in overlooking them. It is this mistake that has been corrected by the lower appellate court. That Court went into the evidence, elaborately, and carefully. 18. No criticism could be justifiably levelled against the unmarried mother for the non-production of the money order receipts from the military man, for, as noted by the lower appellate court, she did not swear about a direct receipt of money from the plaintiff. Her testimony was to the effect that she was receiving it from a friend of the plaintiff residing in the locality. Only if money had been sent through post, she would have the money order receipts. That is not the case here. The non-production of the money order coupon, could not be, then, a ground for condemning her evidence. 19. The lower appellate court was alive to the atmosphere in which the parties were living and rejected as trivial her version that there was a marriage by means of presentation of clothes. That is not the case here. The non-production of the money order coupon, could not be, then, a ground for condemning her evidence. 19. The lower appellate court was alive to the atmosphere in which the parties were living and rejected as trivial her version that there was a marriage by means of presentation of clothes. The fact that she did not claim a valid marriage, was noted in this connection. The lower appellate court summed up the position when it observed: "In the present case, the 2nd defendant does not speak that she had a valid marriage. She says that she and the paramour went to the nearby temple in secrecy and the paramour has sworn that he will marry her. It may also be probable that he was giving occasional help by money also and it is possible that he might have got some cloth purchased for her and given to her in secrecy". 20. On an evaluation of all the items of evidence and the assessment of the circumstance, I have no hesitation to hold that the conclusion reached by the court below is impeccable. Consequently, the second appeal has to fail and it is accordingly dismissed with costs. I fix the advocate fee in the High Court at Rs. 500/-. 21. This again is a case where a woman, a Harijan woman, has been in distress, for over 13 years. What is more tragic is the lingering misery of a child, ignored by her father, and entrusted to the care of a mother, who had only her maternal affection to lavish on the child. 22. This case too, is a direct pointer to the heartlessness of the legal and administrative set up which would not take note of such sufferings, silently undergone by helpless victims of carnal cruelties. Even while long and thundering speeches were being delivered at useful Seminars dealing with women's problems, and the children's needs this woman and this child, were suffering the pangs of starvation and social stigma. Speeches are good; papers are profitable to be perused when read by the well-informed, who, find time and who have the involvement in such useful exercises. But so long as there is no bridge between theoretical exercises and the practical realities, the assertive assurance of social protection for the helpless girl and the needy child, would only by tiring mirages for them. 23. But so long as there is no bridge between theoretical exercises and the practical realities, the assertive assurance of social protection for the helpless girl and the needy child, would only by tiring mirages for them. 23. When the father of the child is employed in the Military, a disbursal of a paltry sum of Rs. 20/- per month to the starving child could be effected without any difficulty whatever. Yet, the tragic situation is that no such arrangement exists. If only some imaginative endeavour is made it could be possible. It is not difficult to evolve a mechanism by which atleast those in the employment of the Central and State Governments, Public Undertakings and the like, could be subjected to an automatic process of deductions from their salary so as to reach the hands of the neglected child, or its guardian promptly, in the first week of every month. Such an arrangement may be easily possible, even in relation to persons employed in factories or trading concerns or the like, by suitable legal improvisations. Of course, some application of mind, some intellectual exercise, and some dynamism and personal involvement, are required by those who hold the reigns of administration. Tragically enough, those who have the willingness, do not appear to have the intellectual equipment; and those who have the intellectual equipment, appear to be supremely, indifferent in relation to this hardship of the weaklings. The Court, which has neither the Sword nor the Purse, can only focus the problem (as and when occasion arises) and attempt to draw the attention of the Administration, to these moving sights and crying needs. That can be done by directing, as is almost regularly done by this Court, a transmission of a copy of the judgment to the Chief Secretary to Government, State of Kerala, Trivandrum, and Ministry of Social Welfare in the Government of India, New Delhi. 24. The experience of the Court in relation to such past exercises, has been extremely disappointing. Invariably no follow up action is taken; and even if some action is initiated, it is not pursued tenaciously with a time bound programme so as to be of real and practical assistance to this needy section. 24. The experience of the Court in relation to such past exercises, has been extremely disappointing. Invariably no follow up action is taken; and even if some action is initiated, it is not pursued tenaciously with a time bound programme so as to be of real and practical assistance to this needy section. Perhaps a more sincere, and a more serious view may be taken by non-official organisations, which, can commandeer services of persons well equipped intellectually and well stimulated with idealism, people with dedication and involvement. A copy of the judgment will therefore be forwarded to the Secretary, Peoples Council for Social Justice, Ernakulam and the Secretary, Indian Federation of Women Lawyers, Ernakulam. If only something useful and something meritorious is attempted a sustaining hope of the Court.