( 1 ) THE and defendant is the appellant. The sui t was for separate maintenance by a wife for herself and her two minor daughters against her husband the 1st defendant and his mother, the and defendant. The lower Appellate Court in agreement with the trial Court, recorded the following finding :"i find that the 1st defendant had been given to bad ways in recent times and that he had resorted to drinking and beating the plaintiff and had also taken away her jewels. I believe the evidence on the plaintiff s side that the 1st defendant is guilty of legal and actual cruelty towards his wife and that he has been beating her and has finally driven her away from his house obliging the plaintiff to file a suit for maintenance. "

( 2 ) THE expression " legal cruelty " in the above passage has reference to a wholly unfounded charge of immorality made by the husband against the wife prior to suit. That the plaintiffs are entitled to separate maintenance from the 1st defendant is not disputed. After the relations between the husband and wife had become estranged and a fortnig before the suit, the 1st defendant purported to settle all his properties on his mother, the and defendant, under Exhib

Click Here to Read the rest of this document