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Chirukulu Nagalakshmamma Vs. Chirukula Visvanatha Sastri and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in16Ind.Cas.389
AppellantChirukulu Nagalakshmamma
RespondentChirukula Visvanatha Sastri and ors.
Cases ReferredIlata Shavatri v. Narayanan Nambudri
Excerpt:
hindu law - maintenance--right of unchaste wife to maintenance--proof of reformed ways. - .....considered those circumstances in the light of the decisions of this court in ilata shavatri v. ilata narayanan nambudri 1 m.h.c.r. 372 and kandasami pillai v. murugammal 19 m.k 6 and we are of opinion that these decisions are directly in point. in kandasami pillai v. murugammal 19 m.k 6 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 shavatri v. narayanan nambudri 1 m.h. c.r. 372 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 Shavatri v. Ilata Narayanan Nambudri 1 M.H.C.R. 372 and Kandasami Pillai v. Murugammal 19 M.k 6 and we are of opinion that these decisions are directly in point. In Kandasami Pillai v. Murugammal 19 M.k 6 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 Shavatri v. Narayanan Nambudri 1 M.H. C.R. 372 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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