1945 Present: Wijeyewardene J.

EDWIN PERERA, Appellant, and BISSO MENIKA, Respondent..

95-M. C. Kandy, 15,420.

Maintenance-Application by wife-Invitation by husband to come back- Refusal of wife-False allegation of adultery-Sufficient reason.

 Where, in an application for maintenance by a wife against her husband, the applicant refused an invitation by the respondent to go back to him,

Held, that a false allegation of adultery made by the respondent against the applicant was a sufficient excuse for her refusal.

APPEAL from an order of the Magistrate of Kandy.

Cyril E. S. Perera (with S. W. Jayasuriya and E. P. Wijetunge), for defendant, appellant.

No appearance for the applicant, respondent.

March 21, 1945. WIJEYEWARDENE J.-

The applicant is the wife of the respondent and has two children aged five and two years. The applicant claimed maintenance in this action for herself and the younger child only, as the respondent had removed the elder child when she was in hospital.

This action was filed in July, 1944. Summons could not be served on the defendant till October. He appeared in Court in October and " invited her back " to