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Chirukala Nagalakshmamma Vs. Visvanadha Sastri and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1912)23MLJ289
AppellantChirukala Nagalakshmamma
RespondentVisvanadha Sastri and ors.
Cases ReferredIlata Shavitri v. Ilata Narayana Nambudri I.L.R.
Excerpt:
- .....circumstances in the light of the decisions of this court in ilata shavitri v. ilata narayanan nambudri (1893) 1 m.h.c.r. 373 and kandasami pillai v. murugammal i.l.r. (1891) m. 6 and we are of opinion that these decisions are directly in point. in kandasami pillai v. murugammal 16 c.w.n. 35 the learned judge considers that an unchaste wife must show that she is a reformed character before she can be entitled to maintenance and the court held in ilata shavitri v. ilata narayana nambudri i.l.r. (1902) c. 218 that a hindu wife living apart from her husband who has been guilty of adultery cannot recover maintenance unless the adultery is condoned. in this case it is not suggested that the adultery was condoned nor has the wife shown that she is a reformed character. she is therefore not.....
Judgment:

1. Various circumstances are set out by the District Judge in para 23 of his judgment. We have considered those circumstances in the light of the decisions of this Court in Ilata Shavitri v. Ilata Narayanan Nambudri (1893) 1 M.H.C.R. 373 and Kandasami Pillai v. Murugammal I.L.R. (1891) M. 6 and we are of opinion that these decisions are directly in point. In Kandasami Pillai v. Murugammal 16 C.W.N. 35 the learned Judge considers that an unchaste wife must show that she is a reformed character before she can be entitled to maintenance and the Court held in Ilata Shavitri v. Ilata Narayana Nambudri I.L.R. (1902) C. 218 that a Hindu wife living apart from her husband who has been guilty of adultery cannot recover maintenance unless the adultery is condoned. In this case it is not suggested that the adultery was condoned nor has the wife shown that she is a reformed character. She is therefore not entitled to any maintenance on the authority of these cases.

2. We dismiss the Second Appeal with costs of 1st defendant.


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