Joslin Nona V. Silva

Present. - Jayewardene A. J.

JOSLIN NONA v. SILVA.

334-P. C. Balapitiya, 44,379.

Maintenance-Order to hand over the child to father-Compliance with order by wife-Appeal-Order illegal-Wife directed to apply for writ of habeas corpus.

The Magistrate in a maintenance case ordered the wife to hand over the child to the father. The mother obeyed the order and appealed.

Held, that the order was illegal; but as the child was already in the custody of the father, the mother was directed to apply for a writ of habeas corpus.

THE facts are set out in the judgment.

No appearance for appellant. Amarasekere, for respondent.

June 23, 1924. Jayewardene A.J.-

This is a claim under the Maintenance Ordinance. The husband had been ordered to pay maintenance to his wife and child in the year 1917. The husband now moves to have the order directing the payment of maintenance vacated, on the ground that the wife is 

living in adultery. The Magistrate has found that the wife is living in adultery, and has cancelled the order for maintenance in her favour. All these years the child, who is a boy now eight years old, had been in charge of the mother, and an

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