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Arumugam Vs. Tulukanam - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad187
AppellantArumugam
RespondentTulukanam
Excerpt:
criminal procedure code, section 488 - maintenance--refusal by hindu wife to live with husband--sufficient reason for refusal--second marriage by husband. - hutchins, j.1. the petitioner has married a second wife, and on that ground alone the respondent, his first wife, refuses to live with him. the petitioner expressed his willingness to maintain her in his own house, but the magistrate ordered him to pay her a separate maintenance on the sole ground that he had married again. as a hindu the petitioner is not debarred from marrying a second wife, and the mere fact that he has done so does not entitle the first wife to a separate maintenance. the present case may be a hard one, but the law is clear.2. the order for separate maintenance is hereby quashed.
Judgment:

Hutchins, J.

1. The petitioner has married a second wife, and on that ground alone the respondent, his first wife, refuses to live with him. The petitioner expressed his willingness to maintain her in his own house, but the Magistrate ordered him to pay her a separate maintenance on the sole ground that he had married again. As a Hindu the petitioner is not debarred from marrying a second wife, and the mere fact that he has done so does not entitle the first wife to a separate maintenance. The present case may be a hard one, but the law is clear.

2. The order for separate maintenance is hereby quashed.


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