This is a criminal revision case, which has been preferred against the judgment of the Additional First Class Magistrate, Devakottai, in Crl. M.C. No. 4 of 1951.

The short facts are: Sivakami Achi, the respondent before us, is the lawfully wedded wife of Krishnappa Chettiar. Krishnappa Chettiar and Sivakami Achi could not carry on their married life by 1948. This Chettiar, as is common in these parts, was keeping a concubine and wanted to take a second wife also. Therefore, the husband and wife entered into an arrangement, which has been marked as Ex. D-1, and it is nobody’s case that this arrangement was not entered into or that the husband is going behind Ex. D-1.

The relevant passage in Ex. D-1 is as follows:

“As the party No. 1 among us is about to marry a second wife and as the party No. 2 above could not hereafter live amicably with party No. 1 and in view of the above factors, accounts were looked into with the help of mediators and it was settled that party No. 1 should pay and has accordingly paid party No. a a sum of Rs. 5,500. As party No. 2 desires hereafter to live separately and has asked party No. 1 to make provision for her maintenance till her lifetime and part