KRISHNAN Vs. KOUSALLIYA

JUDGEMENT

(1.) THE question that arises in this second appeal is regarding the construction of S. 10-B of the Madras Marumakkathayam Act, 1932 as amended by Kerala Act 26 of 1958.

(2.) THE appellant had married the respondent on 9th november 1947 and he filed an original petition, in the court of the District munsiff of Tellicherry, under S. 7 of Madras Act 22 of 1933, asking for a dissolution of the marriage with the respondent. THE court by its order dated 8th September 1958 ordered the dissolution of the marriage. On 15th September 1958 the respondent filed O. P. 70 of 1958, out of which this second appeal arises, under S. 10-B of the Madras Marumakkathayam Act, for awarding maintenance to her at the rate of Rs. 75 per month.

(3.) SO far as the rate or quantum of maintenance claimed by the respondent was concerned, the learned District Munsiff, notwithstanding the fact that he was holding that the application is not maintainable in law nevertheless went into the evidence adduced by the parties in this case and came to the conclusion that the rate claimed by the respondent was quite reasonable and, therefore, the learned District Munsiff holds that if the respondent was held entitled to claim maintenance the court would have been willing to award the rate claimed by the party herself.