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1966 Supreme(Ker) 161

ANNA CHANDY
ABOOBAKER – Appellant
Versus
KADEESA – Respondent


Judgment :-

1. A Mohammedan husband who has been ordered to pay maintenance to his wife and child under S.488, Criminal Procedure Code is the revision petitioner. The petitioner married the respondent about ten years back and they were living as husband and wife in the petitioner's house. The husband was having a grievance that the wife was not given sufficient ornaments and so she was sent to her father's house to get more ornaments. While she was in her father's house the petitioner sent a notice to the Khasi of Orkatheri purporting to be a talak. On receipt of the notice there was a mediation in the house of the petitioner's father in the presence of the petitioner and his father at which it was found that the notice was not intended to operate as a divorce and did not operate as such and that the wife was to be taken back by the petitioner on payment of Rs. 165. Accordingly the wife was taken back to the petitioner's house and the amount was paid. After that the wife became pregnant and gave birth to a child on 19 61962. The petitioner sent Rs. 75/-through his brother to meet delivery expenses. Thereafter he neglected to maintain the wife and child and hence the petition came t




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