1953 Present: Swan J.

D. SIMON APPU, Appellant, and N. H. SOMAWATHIE,
Respondent

S. C. 889-M. C. Walasmulla, 12,676

Maintenance-Order of court in favour of wife-Subsequent covenant in a deed of separation-Effect thereof on maintenance suit-Maintenance Ordinance, ss. 2, 5
.
Where a married woman obtains an order for maintenance against her husband, a subsequent deed of separation between them puts an end, in effect, to the wife's rights and the husband's liability under the order. In such a case, the husband would be entitled to claim a cancellation of the order under section 5 of the Maintenance Ordinance.
Parupathipillai v. Arumugam (1944) 46 N. L. R. 35, not followed.

APPEAL from a judgment of the Magistrate's Court, Walasmulla.

H. W. Jayewardene, with P. Ranasinghe, for the defendant appellant

Ivor Misso, with B. E. de Silva, for the applicant respondent.

Cur. adv. vult.

December 7, 1953. SWAN J.-

In this case the applicant-respondent obtained an order for maintenance against her husband the defendant-appellant. The application was made in October, 1940. The defendant appearing on summons said that he was willing to take the app