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1971 Supreme(Ker) 177

K.SADASIVAN
BALAKRISHNAN NAIR – Appellant
Versus
PADMINI AMMA – Respondent


Judgment :-

1. The husband has come up in revision against the order of maintenance passed by the Sub Divisional Magistrate, Kunnamkulam, under S.488 Cr. P. C. The learned Magistrate has awarded a monthly maintenance of Rs. 30/-to the 1st Respondent-wife, and Rs. 10/- to the 2nd respondent minor son. Marriage and paternity are admitted and the maintenance awarded to the child is not challenged. The attack is only against the maintenance ordered to be paid to the wife. The attack is that the wife is not entitled to separate maintenance as she is unwilling to stay with husband. The couple were residing in the husband's family-house where his two sisters and their children are also residing. Both the sisters were married and divorced by their husbands. The wife's case is that she was being prosecuted by these sisters and life became impossible for her in the family-house. The husband has only a fractional undivided interest in the house and according to the wife, the sisters were asking her and her husband every time to find some other place of residence for them. Their cruelties towards the wife sometimes went to the extent of beating her and putting her to mental and bodily pain. Th



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