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Chowakaran Orkatari Bappan and anr. Vs. Chowakaran Cheria Orkatari Makki - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad259
AppellantChowakaran Orkatari Bappan and anr.
RespondentChowakaran Cheria Orkatari Makki
Excerpt:
malabar custom - mapillas--separate maintenance--marriage. - 1. we must accept the findings as to custom. there is evidence to support them and none to contradict them.2. the amount allotted is not excessive, having regard to the income of the tarwad and assuming it to be no greater than the lower appellate court has found it to be. the respondent has not proved it to be greater, and we are not prepared to allow interest on amounts which had not been ascertained.3. the decree of the lower appellate court is affirmed and the appeal dismissed with costs.
Judgment:

1. We must accept the findings as to custom. There is evidence to support them and none to contradict them.

2. The amount allotted is not excessive, having regard to the income of the tarwad and assuming it to be no greater than the Lower Appellate Court has found it to be. The respondent has not proved it to be greater, and we are not prepared to allow interest on amounts which had not been ascertained.

3. The decree of the Lower Appellate Court is affirmed and the appeal dismissed with costs.


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