B RATAN CHAND Vs. KALAWATI

JUDGEMENT

(1.) THIS is an appeal by the defendant-husband. The suit was brought by the respondent-wife and she claimed to recover Rupees 900/- as arrears for past maintenance and claimed future maintenance at Rs. 50/- per month. She alleged her husband's cruelty and she also alleged that he had remarried on or about July, 1935.

(2.) THE husband denied cruelty.

(3.) THE trial court framed an issue on cruelty and also an issue on the question whether the plaintiff was entitled to live separately and to get maintenance. On the issue of cruelty, the trial court came to the conclusion that the entire story that the husband was guilty of cruelty towards the wife was totally false. The trial court, however, held that since the husband had remarried, the wife was entitled, under the Hindu Married Women's Right to Separate Residence and maintenance Act (Act No. XIX of 1946), to live separately and to receive maintenance. Accordingly, the suit was decreed for future maintenance at the rate of Rs. 25/- per month. The rest of the suit was dismissed.