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Arunachala Asari Vs. Anandayammal - Court Judgment

LegalCrystal Citation
Decided On
Reported inAIR1933Mad688; 145Ind.Cas.378; (1933)65MLJ386
AppellantArunachala Asari
- .....and i set it.....

Burn, J.

1. I cannot see that Section 488 of the Criminal Procedure Code has anything to do with ordinary conjugal rights; it deals with 'maintenance' only and I see no reason why maintenance should be supposed to include anything more than appropriate food, clothing and lodging.

2. On the facts of this case it is clear that the husband has offered to give his wife maintenance in his house but he wants her to live in a separate room and not to associate with the other members of his family. She has refused this offer and in my opinion she has no sufficient grounds for refusing. She cannot claim under Section 488 of the Code of Criminal Procedure to be treated 'as a wife'; she can only claim to be maintained on a scale appropriate to her station in life.

3. The order for payment of separate maintenance is therefore unsupportable, and I set it aside.

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