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Utharankat Purakkal Eazuvan Raman alias Kuttan's Wife, Kalliani and Anr. Vs. Utharankat Parakkal Eazuvan Raman and Ors. (21.04.1915 - MADHC) - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported inAIR1916Mad1210; 30Ind.Cas.897
AppellantUtharankat Purakkal Eazuvan Raman alias Kuttan's Wife, Kalliani and Anr.
RespondentUtharankat Parakkal Eazuvan Raman and Ors.
Cases ReferredDarbha Lingayya v. Darbha Kanakamma
Excerpt:
hindu law - widow--maintenance--plea that she has other means of support, whether to be allowed. - 1. the lower appellate court ought not to have allowed the defendants to raise the contention that the 1st plaintiff has got other means of support and is, therefore, not entitled to claim maintenance at all out of her husband's joint family property. see also on this point darbha lingayya v. darbha kanakamma 28 ind. cas. 200.2. we modify the decree of the lower appellate court by allowing rs. 270 to the 1st plaintiff in her own right besides the rs. 250 allowed to the minor 2nd plaintiff represented by the 1st plaintiff. the defendants will pay 3/4ths of the plaintiff's costs here and in the lower appellate court and bear their own costs. the decree of the first court as to costs in that court will stand.
Judgment:

1. The lower Appellate Court ought not to have allowed the defendants to raise the contention that the 1st plaintiff has got other means of support and is, therefore, not entitled to claim maintenance at all out of her husband's joint family property. See also on this point Darbha Lingayya v. Darbha Kanakamma 28 Ind. Cas. 200.

2. We modify the decree of the lower Appellate Court by allowing Rs. 270 to the 1st plaintiff in her own right besides the Rs. 250 allowed to the minor 2nd plaintiff represented by the 1st plaintiff. The defendants will pay 3/4ths of the plaintiff's costs here and in the lower Appellate Court and bear their own costs. The decree of the first Court as to costs in that Court will stand.


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