STELLA PAKKIAM Vs. K P P RAJIAH RATNAM

JUDGEMENT

(1.) THESE appeals are the outcome of a suit instituted by the wife, for herself and on behalf of the children born of her wedlock, against her husband for maintenance. The suit was partially decreed, the lower court awarding Rs. 100 per month as maintenance to the wife and Rs. 35 per month for each one for the two children who lived with her; no amount was awarded in respect of the maintenance of the other two children who were residing with their father. The wife has filed the former of the two appeals complaining of the inadequacy of the amount awarded; the husband has filed the latter appeal contesting the right of the wife and his children who live separate from him to ask for maintenance.

(2.) THE parties, who belong to a well-to-do family in Nazarath in Tirunelveli Dt. are indian Christians belonging to the Protestant persuasion. They were married on 99-1942. They have four issues, three daughters and a son. One of the daughters and the son are now with the father, while the other two daughters are living with their mother. In the suit, the wife claimed maintenance on behalf of the four children, and she had by then instituted a petition under the Guardians and Wards act for the custody of the two children staying with her husband.

(3.) THE present suit itself has been preceded by a long and acrimonious fight between the husband and wife. Although the actual point for determination in these appeals does not depend very much on the antecedent history, we consider that it should be referred to in brief to serve an introduction to the present dispute. We shall refer to the parties with reference to their respective ranks in the lower court.