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1949 Supreme(Mad) 348

VISWANATHA SASTRI
Lakshmi Animal – Appellant
Versus
Narayanaswami Naicker – Respondent


Advocates:
K. Parasurama Aiyar for Appellants.
K.V. Ramachandra Aiyar for Respondents.

Judgment

This is a second appeal preferred by a wife against the decree of dismissal by the Courts below of her suit against her husband for separate maintenance. The suit was filed by the wife and her two minor unmarried daughters against the first defendant for maintenance on the ground that he had brought another woman into the house and was ill-treating the plaintiffs. It was found by the Courts below-and this finding is not challenged in second appeal-that the “other woman” referred to by the plaintiffs was the second wife of the defendant and the ill-treatment alleged by the plaintiffs was not true. Though the Hindu Married Woman’s Rights to Separate Residence and Maintenance Act (XIX of 1946) (hereinafter called the Act) came into force on 23rd April, 1946, and the judgment of the appellate Court dismissing the plaintiff’s suit was pronounced on 22nd October, 1946, yet no reliance was placed on the Act in support of the claim of the plaintiffs. The Act was not in force when the trial Court gave its decision or when the appeal was filed in the lower appellate Court. In second appeal, however, the claim of the plaintiffs is based only on the Act. Three points now arise for deci




















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