RAGHUPATHULA SUBBAYAMMA Vs. RAGHUPATHULA VENKATA RAO

JUDGEMENT

(1.) AS pointed out by Pandrang Row J. in -- 'Kishta Pillai v. Amirthammal', AIR 1938 Mad 833 (A), in a case of maintenance under Section 488, Criminal P. C., where the husband makes allegations that the wife was living in adultery and makes that his defence to refuse the claim of the wife for maintenance, the husband ought to begin the case and let in evidence of unchastity so that the wife may re-hut it. In this case no such opportunity has been given to the wife to rebut the case of the husband. The order of the lower court is set aside and the case remained to the lower court for fresh disposal according to law.