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1955 Supreme(Ker) 48

Judges : KOSHI,SUBRAMONIA IYER,VITHAYATHIL
Varkey - Appellant
Versus
Thresia - Respondent
Case No : A. S. No. 811 of 1951
Decided On : 03/25/1955
Advocates Appeared :
K. K. Mathew; For Appellant T. P. Poulose; P. Sivasankara Menon; T. K. Govindankutty Menon; For Respondents 1 and 2 K. M. Joseph; For 3rd Respondent

The main legal point established in the judgment is that, according to the personal law of the Christians in the State, the husband has a legal obligation to maintain his wife, similar to the obligation under Hindu Law. The court also clarified the circumstances under which a wife is entitled to claim separate maintenance from her husband, emphasizing the justifiable cause for her refusal to live with the husband.

Headnote:

Maintenance - Christian Wife Entitlement - Travancore Christian Succession Act - Canon Law - Common Law of England - Husband's Legal Obligation to Maintain Wife

Fact of the Case:

The case involved a dispute over the entitlement of a Christian wife to separate maintenance from her husband. The first plaintiff, the second wife of the first defendant, and their children claimed maintenance after being driven away from the house by the first defendant. The court found that the first plaintiff was being ill-treated by the first defendant, justifying their refusal to live with him, and held that they were entitled to claim separate maintenance from the first defendant.

Finding of the Court:

The court found that the first plaintiff was entitled to separate maintenance from the first defendant due to the ill-treatment and assault by the first defendant, justifying their refusal to live with him. The court also determined the rate of maintenance for the first plaintiff and allowed arrears of maintenance and future maintenance at that rate until her death or re-marriage. The court modified the decree regarding the award of maintenance and costs to the second plaintiff and disallowed the claim against the second defendant.

Issues: The main issue was whether the first plaintiff was justified in refusing to live with the first defendant and claiming separate maintenance. The court also considered the rate of maintenance and the liability of the second defendant for the costs of the plaintiffs.

Ratio Decidendi: The court held that, according to the personal law of the Christians in the State, the husband has a legal obligation to maintain his wife, similar to the obligation under Hindu Law. The court also established that the wife is entitled to claim separate maintenance only if there is justifiable cause for her refusal to live with the husband, such as desertion by the husband and habitual cruelty.

Final Decision: The court partly allowed the appeal, confirming the entitlement of the first plaintiff to separate maintenance and determining the rate of maintenance. The court modified the decree regarding the award of maintenance and costs to the second plaintiff and disallowed the claim against the second defendant.

Judgment :-

1. This appeal was referred to Full Bench by the following order:

"The first defendant in O.S. No. 18 of 1123 on the file of the District Court of Parur against whom a decree for past and future maintenance has been passed in favour of his wife, the first plaintiff, and one of his daughters, the second plaintiff, appeals, and the main question for consideration is whether a Christian wife (Syrian Roman Catholic) is entitled to separate maintenance from her husband. So far as the decree granted to the daughter, second plaintiff, is concerned, learned counsel for her in this court does not support the decree of the court below in view of the decision of this court in 1952 K.L.T. 595. The question is important as affecting the entire community and the only precedent appears to be the one in 24 T.L.J. 281. We consider that the case is an important one and that there should be an authoritative decision of a Full bench of this court on the point. We, therefore, refer the case to a Full Bench for disposal.

P.K. Subramonia Iyer, J. M.S. Menon, J."

The first plaintiff is the second wife of the first defendant. Second plaintiff and third defendant are their children. The second defendant is the son of the first defendant by his first wife. The first defendant and the first plaintiff were living in the house in plaint item No. 2 with their children. The first defendant had executed a will bequeathing this property to the plaintiffs and the third defendant. It was alleged in the plaint that at the instigation of the second defendant and acting under the influence of liquor the first defendant began to ill-treat the first plaintiff and that in Makaram 1120 he assaulted her and drove her away from the house. Soon afterwards, the third defendant also was sent away from the house and the house was dismantled by the first defendant. The plaintiffs and the third defendant went and lived in the first plaintiff's father's house and they were being maintained by her relations. Form the plaint schedule items which belong to the first defendant he is getting an annual income of not less than Rs. 1,000/-. Plaintiffs are entitled to get at least Rs. 175/- per annum for their maintenance from the first defendant. Arrears of maintenance from Makaram 1120 and future maintenance at that rate were claimed in the suit. There was also a prayer to have the maintenance made a charge on the plaint schedule properties. It was further alleged in the plaint that Rs. 200/- and movables worth Rs. 447/- belonging to the first plaintiff were kept in the house in plaint item No. 2 and that they were misappropriated by defendants 1 and 2. The money and the value of the movables were claimed from defendants 1 and 2.

2. All the three defendants filed separate written statements in the case. The first defendant denied the allegation in the plaint that he ill-treated and assaulted the first plaintiff and drove her away from his house. He contended that the plaintiffs deserted him without any justifiable cause at the instigation of the first plaintiff's brother. The house in item No. 2 was not dismantled by him. It got dilapidated as it was left unoccupied. He was not bound to maintain the plaintiffs since they went away from his house without any valid reason and he is prepared to maintain them according to his means if they return and live with him. The income from the plaint schedule properties will not exceed Rs. 200/- a year and the claim for Rs. 175/- per annum as maintenance is, in any case, excessive. The allegation in the plaint that the first plaintiff had kept Rs. 200/- in the house in plaint item No. 2 was denied. The movables that belonged to the first plaintiff were taken away by her when she left the house. In the written statement filed by the second defendant he supported the first defendant and denied liability for any of the amounts claimed in the plaint. The third defendant supported the plaintiffs. She was married but is now a widow. She contende







































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