1952 Present: Swan J.

PIRAGASAM, Appellant, and MARIAMMA, Respondent

S. C. 154-C. R. Jaffna, 2,164
 

Maintenance Ordinance-Arrears of maintenance-Deposited in Court-Liability to attachment-Civil Procedure Code, s. 218 (I).
 

Action-Thesavalamai-Action instituted by married woman-Subsequent grant of dispensation to sue alone-Date of action.

Arrears of maintenance and costs paid into a Magistrate's Court to the credit of an applicant in proceedings instituted under the Maintenance Ordinance are liable to be seized in execution of a decree obtained against her.

Where a married woman governed by Thesavalamai instituted an action and her application for sanction of Court to sue alone, unassisted by her husband, was made with the presentation of the plaint-

Held, that the date of the institution of the action was the date on which the plaint was filed and not the date when the dispensation to sue alone was granted.

APPEAL from a judgment of the Court of Requests, Jaffna.

 C. Chellappah, for the 2nd defendant appellant.

J. St. George, for the plaintiff respondent.

Cut. adv. vult.

December 9, 1952. SWAN J.-

The appellant had sued the resp