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Sidlingapa Son of Basapa Vs. Sidava Kom Sidlingapa - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Judge
Reported in(1878)ILR2Bom634
AppellantSidlingapa Son of Basapa
RespondentSidava Kom Sidlingapa
Excerpt:
hindu law - separate maintenance, wife's right to. - .....to live apart from him (see special appeal no. 307 of 1872, printed judgments of 1873, page 1). there is not any finding, by the district judge, that the plaintiff has proved any such case. on the contrary, the district judge appears to have believed that she voluntarily tore of her nuptial ornament, and returned it to her husband, and of her own accord left him. we reverse the decree of the district judge, and restore that of the subordinate judge, except as to costs. we direct that the parties, respectively, bear their own costs of the suit and of both appeals.
Judgment:

Michael Westropp, C.J.

1. Although by Hindu law a husband is bound to maintain his wife, she is not entitled to a separate maintenance from him, unless she establishes in proof that, by reason of his misconduct or by his refusal to maintain her in his own place of residence, or other justifying cause, she is compelled to live apart from him (see Special Appeal No. 307 of 1872, Printed Judgments of 1873, page 1). There is not any finding, by the District Judge, that the plaintiff has proved any such case. On the contrary, the District Judge appears to have believed that she voluntarily tore of her nuptial ornament, and returned it to her husband, and of her own accord left him. We reverse the decree of the District Judge, and restore that of the Subordinate Judge, except as to costs. We direct that the parties, respectively, bear their own costs of the suit and of both appeals.


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