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Raghupathula Subbayamma and ors. Vs. Raghupathula Venkata Rao - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Case NumberCriminal Revn. Case No. 1029 and Cri. Revn. Petn. No. 1010 of 1951
Judge
Reported inAIR1954Mad92; (1952)IIMLJ183
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 488; Evidence Act, 1872 - Sections 101 to 103
AppellantRaghupathula Subbayamma and ors.
RespondentRaghupathula Venkata Rao
Appellant AdvocateK.B. Krishnamurthi, Adv.;Public Prosecutor
Respondent AdvocateC.V. Dhikshitalu, Adv.
Cases ReferredKishta Pillai v. Amirthammal
Excerpt:
- ordersomasundaram, j.1. as pointed out by pandrang row j. in -- 'kishta pillai v. amirthammal', air 1938 mad 833 (a), in a case of maintenance under section 488, criminal p. c., where the husband makes allegations that the wife was living in adultery and makes that his defence to refuse the claim of the wife for maintenance, the husband ought to begin the case and let in evidence of unchastity so that the wife may re-hut it. in this case no such opportunity has been given to the wife to rebut the case of the husband. the order of the lower court is set aside and the case remained to the lower court for fresh disposal according to law.
Judgment:
ORDER

Somasundaram, J.

1. As pointed out by Pandrang Row J. in -- 'Kishta Pillai v. Amirthammal', AIR 1938 Mad 833 (A), in a case of maintenance under Section 488, Criminal P. C., where the husband makes allegations that the wife was living in adultery and makes that his defence to refuse the claim of the wife for maintenance, the husband ought to begin the case and let in evidence of unchastity so that the wife may re-hut it. In this case no such opportunity has been given to the wife to rebut the case of the husband. The order of the lower court is set aside and the case remained to the lower court for fresh disposal according to law.


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