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1937 Supreme(Mad) 202

VARADACHARIAR
Dandamudi Ramarayudu – Appellant
Versus
Dandamudi Sitalakshmamma – Respondent


JUDGMENT

Varadachariar, J.

1. This appeal arises out of a suit for maintenance. The plaintiff is the widowed daughter-in-law of defendant 1. Her husband, who was the only son of defendant 1, died in 1920, a few months after his marriage, leaving the plaintiff a minor then aged 11 or 12. Though the written statement alleges that even after her husbands death the plaintiff used to be living with defendant 1, only occasionally visiting her parents house, no serious attempt has been made to prove it and the case has proceeded on the footing that, but for other objections, the plaintiff would be entitled to separate maintenance including arrears. As regards the claim for arrears, some objection on the score of limitation was raised but there is no substance in it and it was rightly not pressed before us. Nor is there much force in the objection that there was no demand. It is well settled law that even the absence of a demand will not deprive a widow of her right to arrears, though that circumstance may have to be taken into account in determining the extent of the liability to be imposed upon the defendant for arrears due for a long period. The evidence adduced on the plaintiffs side att







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