PERIAMBAL CHETTIAR Vs. SUNDARAMMAL

JUDGEMENT

(1.) THIS appeal arises from a suit brought by the widow of one Pachayappa Chettiar against the first defendant who succeeds to the property of Pachayappa Chettiar by virtue of a will executed by him on the 6th January, 1942. First defendant is the maternal uncle of the testator. In his will the testator specifically states that his wife the plaintiff has no claim to succeed to his property. The plaintiff and her husband had not lived together from 1929 until the date of the husband's death. In 1930 there was a magisterial order under the Code of Criminal Procedure against the husband for the payment of maintenance to the plaintiff, but the effect of this order was nullified by subsequent civil litigation undertaken by the testator in a suit in 1931 for the restitution of conjugal rights. In that suit he obtained a decree which was confirmed on appeal in 1933. After 1933 no serious attempts appear to have been made to persuade the plaintiff to live with the : husband and no proceedings were taken through Court to execute the decree. The validity of the will was attacked by the plaintiff in the course of her suit, but it has been found that the will was genuine and valid. The plaintiff's alternative claim, therefore, to be granted maintenance out of the husband's estate was considered and it was held that she was entitled to maintenance.

(2.) THE principal point which has arisen for decision in this appeal is whether in the circumstances of this case the plaintiff had any right to be maintained out of her husband's property. It is argued on behalf of the appellant that the plaintiff had forfeited her right to maintenance by her conduct, and that therefore her husband had every right when executing his will to dispose entirely of all his estate without any thought for any possible right of his wife to be maintained out of it after his death.

(3.) IT is next argued that the quantum of maintenance is too large but no concrete facts have been stated before us to justify this contention.