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1934 Supreme(Mad) 341

WALSH
Subbaya Maniyagarar – Appellant
Versus
Kandaswami – Respondent


ORDER

Walsh, J.

1. This revision petition arises out of a maintenance order passed by the lower Court in a partition suit. The suit was brought by two minors with their mother as guardian for partition against their father being members of a joint family. The written statement admitted that the plaintiffs were defendant 1s children and also admitted that the property was joint family property. It is necessary in order to understand the order to see to the circumstances under which it was passed. The suit filed in July 1932 and issue 1 was whether it is maintainable, defendant 1 contending that it was not in the interest of the minors to have a partition. It is admitted that the plaintiffs left their father as long ago as 1928 with their mother and defendant ls allegation is that the mother is an unchaste woman. From that date up to now, defendant 1 has made no attempt to get back the-minors for himself and apparently ho has married another wife. Under these circumstances, when the suit had been dragging on for a year, a petition was. put in under Section 151, Civil P.C. to direct defendant 1 to deposit into Court Rs. 45 every month by way of maintenance for the plaintiffs, and their






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