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1970 Supreme(Mad) 201

S.GANESAN
R. Swaminathan – Appellant
Versus
Annammal alias Srimathi – Respondent


Advocates:
N. Varadarajan, for Appellant.
K. C. Rajappa, for Respondent.

JUDGMENT.-

The appellant is the stepson of the respondent Annammal and he is aggrieved that the executing Court had held that he is not entitled, by virtue of the provisions of section 60 (n) of the Civil Procedure Code, to attach any part of the sum of Rs. 1,700 deposited by the respondent’s husband in pursuance of an order made by the District Court of Coimbatore in C.M.A. No. 106 of 1963 passed on an application filed by the respondent under section 24 of the Hindu Marriage Act of 1955, for maintenance during the pendency of the judicial separation proceedings instituted by her husband against her.

2. The application filed by the respondent under section 24 of the Hindu Marriage Act was for a direction that her husband should deposit some sums towards her future maintenance during the proceedings and also for expenses likely to be incurred by her for opposing the application. The trial Court negatived her claim. But, as I have already pointed out, the District Judge of Coimbatore, the appellate Court, had allowed the application and a sum of Rs. 1,700 had been deposited by the respondent’s husband. It is possible that, out of a sum of Rs. 1,700, a small amount was payable towards







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