Madras High Court
Chirukulu Nagalakshmamma vs Chirukula Visvanatha Sastri And Ors. on 17 July, 1912
Equivalent citations: 16IND. CAS.389
JUDGMENT
1. Various circumstances are set out by the District Judge in para. 23 of his judgment. We have considered those circumstances in the light of the decisions of this Court in Ilata Shavatri v. Ilata Narayanan Nambudri 1 M.H.C.R. 372 at p. 373 and Kandasami Pillai v. Murugammal 19 M. 6 and we are of opinion that these decisions are directly in point. In Kandasami Pillai v. Murugammal 19 M. 6 the learned Judge considers that an unchaste wife must show that she is a reformed character before she can be entitled to maintenance and the Court held in Ilata Shavatri v. Narayanan Nambudri 1 M.H. C.R. 372 at p. 373 that a Hindu wife, living apart from her husband, who has been guilty of adultery, cannot recover maintenance unless the adultery is condoned. In this case, it is not suggested that the adultery was condoned, nor has the wife shown that she is a reformed character. She is, therefore, not entitled to any maintenance on the authority of these cases.
2. We dismiss the second appeal with costs of 1st defendant.