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1972 Supreme(Mad) 739

MAHARAJAN
Nagendra Iyer – Appellant
Versus
Premavathi and Others – Respondent


Advocates Appeared:O. V. Baluswami, S. Nainar Sundaram, K. Alagumalai, Advocates.

Judgment :-

Nagendra Iyer, who is the petitioner in both these cases, is the husband of Saraswathi Ammal, the first respondent in Cr.R.C. No. 1221 of 1970 and the father of Premavathi, the second respondent in Crl.R.C. 1221 of 1970 and the respondent in Cr.R.C. No. 677 of 1970. In M.C. 7 of 1957 on the file of the Additional first Class Magistrate No. 2. Salem, the wife and daughter of the petitioner filed a petition under Section 488 Crl.P.C. in pursuance of which the Court by its order dated 11-4-1957 directed the petitioner to pay them a monthly maintenance allowance of Rs. 35/- for the wife and Rs. 15/- for the daughter, whereupon the petitioner instituted a suit in the District Munsif's Court. Salem, praying for a declaration that his wife and daughter were not entitled to maintenance or in the alternative, for fixing the amount of maintenance in accordance with S. 23 of the Hindu Adoption and Maintenance Act. This suit was dismissed by the District Munsif, whereupon the petitioner preferred an appeal in A.S. No. 46 of 1959 on the file of the Sub Court, Salem, and the Sub Court granted a decree under Section 23 of the Hindu Adoption and Maintenance Act, declaring that the wife










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