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1941 Supreme(Mad) 26

ABDUR RAHMAN
Kachi Muhaidin Tharaganar – Appellant
Versus
Sainambu Ammal – Respondent


JUDGMENT

Abdur Rahman, J.

1. This appeal arises out of a suit brought by one Sainambu Ammal (plaintiff No. 1) in the Court of the District Munsif of Ambasamudram for the recovery of Rs. 402-8-0 in regard to expenses alleged to have been incurred by her on behalf of her minor daughters (plaintiffs 2 and 3) from the 7th November, 1933 to the 2nd February, 1936 and for their future maintenance at Rs. 15 per mensem. The suit was instituted against the minors father who is said to have divorced the first plaintiff some years ago. The parties were described in the plaint as Muhammadans belonging to the Shafei sect. The expenses before the 7th November, 1933 were recovered by another suit (O.S. No. 355 of 1933) brought by and on behalf of the same plaintiffs in the same court. It was pleaded inter alia by the father in the present litigation that the first plaintiff could not recover any maintenance on behalf of the second and third plaintiffs as they had attained puberty and were being unlawfully detained by her in spite of the defendants demand for their custody. These allegations were denied on behalf of the plaintiffs although, in the absence of the statements of the counsel for the par







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