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ISABEL v. PEDRU PILLAI


ISABEL v. PEDRU PILLAI.

ISABEL v. PEDRU PILLAI.

P. C., Mullaittivu, 1,429.

Maintenance case -False and frivolous charge of adultery against wife-Order on husband to pay Crown costs-Summary conviction of witnesses for giving false evidence under s. 190 of Penal Code-Illegality of orders.

In a case of maintenance, in which the proceedings are of a quasi civil nature, a Police Magistrate has no power to condemn the husband to pay Crown costs for bringing a false and frivolous charge of adultery against his wife.

Nor has the Magistrate jurisdiction to summarily try a witness upon a charge of giving false evidence under section 190 of the Penal Code.

THE complainant applied for maintenance on the ground that she, being the wife of the accused, and her child, being his child, were left destitute by him. The Police Magistrate (Mr. L. W. C. Schrader) ordered the accused to pay her Rs. 7.50 per month. After paying two monthly instalments the accused complained to the Court that since the date of the order for maintenance his wife had been living in adultery with, another man. Evidence was heard, and the Magistrate called on the accused to show cause why he should not be

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