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1955 Supreme(Ker) 48

VITHAYATHIL, KOSHI, SUBRAMONIA.IYER
Varkey – Appellant
Versus
Thresia – Respondent


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 defe








































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