KRISHNAPPA CHETTIAR Vs. SIVAGAMI ACHI

JUDGEMENT

(1.) THIS is a criminal revision case, which has been preferred against the judgment of the Additional First Class Magistrate, Deva -kottai, in M. C. No. 4 of 1951.

(2.) THE short facts are: Sivaksmi Achi, the respondent before MB, is the lawfully wedded wife of Krishnappa Chettiar. Krishnappa Chettiar and Sivakami Achi could not carry on their married life by 1948, This Chettiar, as is common in these parts, was keeping a concubine and wanted to take a second wife also. Therefore, the husband and wife entered into an arrangement, which has been marked as Ex. D. 1, and it is no body's case that this arrangement was not entered into or that the husband is going behind Ex. D. 1. The relevant passage in Ex. D. 1 is as follows:

(3.) SUBSEQUENTLY the affairs of this Chettiar seem to have got into a fair amount of muddle and he seems to have lost his income from the Federated Malay States and other places and. what is more, his affairs in Ramanathapuram district itself seem to be not in flourishing circumstances and, therefore, the Chettiar says that he has taken that refuge which is open to persons of that description, viz., a religious life. The wife has now come forward with a petition under Section 488 Cr. P. C., asking for maintenance of Rs. 100 per month instead of Rs. 100 per annum, which has been secured for her in Ex. D. 1.