1931 Present: Macdonell C.J.

SILVA v. SENERATNE.

447-P. C. Matara, 50,091.

Maintenance-Claim by wife-Sufficient means to support herself-No right to maintenance.

A married woman, who is possessed of sufficient means for her support, is not entitled to claim maintenance from her husband under the Maintenance Ordinance.

APPEAL from an order of the Police Magistrate of Matara.

R. L. Bartholomeusz, for defendant, appellant.

Wijewickreme, for applicant, respondent.

August 6, 1931. MACDONELL C.J.-

In this case the applicant sued respondent, her husband, for maintenance. The husband admits that he manages properties for his mother but alleges that he receives no salary for doing so and lives entirely on his mother's charity. The learned Magistrate rejected this story and I think rightly. The evidence was that respondent is the only one of his family available to manage these properties for his mother. If, therefore, his mother dismissed him from the management of them, she would have to engage someone else to manage them and would have to pay that someone a regular wage for such services. Then, she is not in a position to dismiss responde