SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1941 Supreme(Mad) 170

ALFRED HENRY LIONEL LEACH
Vasantam Venkayya – Appellant
Versus
Vasantam Raghavamma – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. This appeal raises the question whether a wife who has obtained a decree for maintenance can enforce it after having cohabited with her husband. The appellant is the husband of the respondent. In 1930 the respondent instituted a suit in the Court of the District Munsif of Bapatla for a decree for maintenance. She alleged that her husband had so illtreated her that she was unable to live with him. On the 23rd June, 1930, by consent a decree was passed in her favour for Rs. 120 per annum. Shortly after this decree had been passed the parties decided that they could live together happily and the wife returned to the husband. They lived together for several years. According to the appellant the second separation did not take place until the 24th August, 1937, but according to the respondent, it took place on the 15th July, 1935. Admittedly they lived together for over five years and during this period the respondent bore a son to her husband. On the 2nd May, 1939, the respondent filed an application for execution of the decree which she had obtained on the 23rd June, 1930. She asked for the payment of Rs. 663-12-0, being maintenance calculated












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top