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1943 Supreme(Mad) 10

BYERS
Sadhu Suryanarayana – Appellant
Versus
Sadhu Lakshmi Sundaramma – Respondent


ORDER

Byers, J.

1. In defence to an application for the enforcement of an order of maintenance against him in respect of his wife and his three daughters, the petitioner pleaded that the eldest of the three daughters had been married and he objected to paying any maintenance for her subsequent to the date of her marriage. The learned Magistrate held that the petitioners only remedy was to file an application under Section 489 of the Criminal Procedure Code and to get the order varied in his favour. As he had failed to do so, the learned Magistrate declined to consider the question and ordered maintenance to be paid in accordance with the terms of the pre-existing order.

2. It was decided by a Full Bench of the Allahabad High Court in Shah Abu Ilyas v. Ulfat Bibi I.L.R.(1806) All. 50 that the change in circumstances " referred to in Section 489 of the Code is a change in the pecuniary or other circumstances of the party paying or receiving the allowance which would justify an increase or decrease of the amount of the monthly payment originally fixed and not a change in the status of the parties which would entail a stoppage of the allowance. In that particular case the husband against

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