A ANNAMALAN MUDALIAR Vs. PERUMAYEE AMMAL

JUDGEMENT

(1.) THE appellant, a twice married Hindu, contests by this appeal the right of his first wife to live apart form him and claim maintenance for herself and the children born of her. More than 20 years ago, when it was permissible under the law for a hindu to take more than one life, the appellant married the first respondent. Within a short time thereafter, he took another wife, who is now living with him, but who is not made a party to these proceedings. The appellant lived with them amicably, having two children by his first wife and four by the second. On 20-21959, his first wife left him with her children, preferring to live separately. Shortly after wards, she made a claim on her husband for maintenance and followed it up with the suit which has given rise to this second appeal.

(2.) BOTH the courts below have granted the first respondent the relief sought, directing the appellant to pay for the maintenance and residence of his first wife and her children. The only basis for the claim, as ultimately presented to the courts, the allegation as to cruelty on the part of the husband having been given up during trial, was statutory.

(3.) SECTION 18 of the Hindu Adoption and Maintenance Act (Act 78 of 1956)imposes a liability on the husband to maintain his wife. Sub-section (1) thereto, which is declaratory of the right of the wife to be maintained by her husband states: