1961 Present : Tambiah, J.

MRS. S. V. FERNANDO, Appellant, and J. R. I. FERNANDO,
Respondent

S. C. 1031-M. C. Kandy, 9575

Maintenance Ordinance-Section 2-Application made by wife for maintenance Assessment of sum payable by husband-Means of wife should not be considered Married Women's Property 01'dinance, s. 26.

The Court should not take into account the means of the wife when fixing the quantum of maintenance payable by the husband under section 2 of the Maintenance Ordinance.

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

D. R. P. Goonetilleke, for the Applicant-Appellant.

G. Candappa, for the Defendant-Respondent.

Cur. adv. vult.

February 28, 1961. TAMBIAH, J.

The only question that arises in this case is whether the Court should consider the wife's means in fixing the quantum of maintenance payable by the husband. The Magistrate states in his order dated, 14.10.59, as follows: "The defendant is prepared to pay without prejudice to his rights, a sum of Rs. 30 per month, as maintenance to his wife. He gets an income of about Rs. 330 per month as a stenographer in the Bank of Ceylon, Kandy. This is admitted and it is als