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Nagamma Vs. Virabhadra - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in(1894)ILR17Mad392
AppellantNagamma
RespondentVirabhadra
Cases Referred and Vishnu Shambhog v. Manjamma I.L.R.
Excerpt:
hindu law - maintenance--forfeiture of widow's right to maintenance by reason of unchastity. - 1. we must follow the decision in valu v. ganga i.l.r. 7 bom. 34 and vishnu shambhog v. manjamma i.l.r. 9 bom. 108 and hold that unchastity of a widow deprives her wholly of her right to maintenance. no text has been cited in favour of the theory that a bare maintenance can be allowed. the fact that there has been an agreement in our opinion makes no difference. it merely fixes the amount and the security. we must dismiss the appeal with costs.
Judgment:

1. We must follow the decision in Valu v. Ganga I.L.R. 7 Bom. 34 and Vishnu Shambhog v. Manjamma I.L.R. 9 Bom. 108 and hold that unchastity of a widow deprives her wholly of her right to maintenance. No text has been cited in favour of the theory that a bare maintenance can be allowed. The fact that there has been an agreement in our opinion makes no difference. It merely fixes the amount and the security. We must dismiss the appeal with costs.


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