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1939 Supreme(Mad) 101

WADSWORTH
Jeeva Ammal – Appellant
Versus
Ranganatha Mudaliar – Respondent


JUDGMENT

Wadsworth, J.

1. The appellant, a Hindu wife, sued her husband for maintenance. The parties married in or about 1920 and lived together until 1926 when there was a breach. According to the findings of the learned District Judge, the occasion for this breach was the misconduct of the plaintiff and her adultery with her brother-in-law, resulting in a panchayat which excommunicated her. Shortly after this breach, she went away to Penang where she lived until 1933. In 1933 she returned to India and almost at once started proceedings against her husband for maintenance. The basis of her suit is an allegation that she had been cruelly ill-treated and driven from, the house. The plaint contains no suggestion that she herself was in any way to blame or that she had ever strayed from the path of virtue. The District Judge finding that the basis of her plaint was untrue and that the allegations of the defendant regarding her misconduct had been established, dismissed the suit.

2. It is now contended in second appeal that even assuming the truth of the findings of the learned District Judge, the dismissal of the suit is improper and that the wife should have been awarded at least what i



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