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Pandula Subbaya Vs. Pandula Ambamma - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in2Ind.Cas.155
AppellantPandula Subbaya
RespondentPandula Ambamma
Excerpt:
criminal procedure code (act v of 1898), section 488 - maintenance--offer by husband to maintain his wife--award of maintenance without considering wife's willingness or unwillingness to live with her husband--illegality. - ordermunro, j.1. the petitioner, in his statement, offered to maintain his wife and the magistrate should have asked the woman whether she was willing to live with the petitioner. if she refused, it was for the magistrate to consider the grounds of refusal and pass such order as he thought fit. the magistrate's order is set aside and he is directed to dispose of the case according to law.
Judgment:
ORDER

Munro, J.

1. The petitioner, in his statement, offered to maintain his wife and the Magistrate should have asked the woman whether she was willing to live with the petitioner. If she refused, it was for the Magistrate to consider the grounds of refusal and pass such order as he thought fit. The Magistrate's order is set aside and he is directed to dispose of the case according to law.


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