KIRAN BALA SAHA Vs. BANKIM CHANDRA SAHA

JUDGEMENT

(1.) This is a suit by Kiran Bala Saha againsl her husband Bankim Chandra Saha a professor in the department of Economics and Civics. St. Paul's College, Calcutta, for maintenance at Rs. 200 a month, for arrears thereof amounting to Rs. 4,000 from October 20, 1962 to June 20, 1954, and for recovery of gold ornaments, weighing 48 tolas, as set out in schedule A to the plaint, in the alternative, for a decree of Rs. 4,000 being the value of the ornaments aforesaid.

(2.) The plaint of a suit as this was presented and admitted on June 23. 1954.

(3.) Both Kiran Bala and Bankim Chandra are Hindus governed by the Davabhaga School of Hindu law. And they were lawfully married in or about Baisakh 1332 B. S. corresponding to April-May 1926. Some 9 or 10 years later, however, thai is to say, in 1341 B. S. corresponding to 1934-86, Bankim Chandra married for the second time. Such are the averments in paragraphs 2 and 1 of the plaint--averments which. Bankim Chandra savs in paragraph 1 of his written statement, "are substantially correct" This being the admitted position. Section 18 of the Hindu Adoptions and Maintenance Act, 78 of 1956, is attracted Sub-section (2) thereof, by its Clause (d) provides- 'A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance, if he has any other wife living' Kiran Bala is such a Hindu wife. Her husband Bankim Chandra has admittedly another wife living. Maintenance is. therefore, hers, as a matter of course and as of right. There is no dispute about it. as are the joint submissions of Mr Chatterjee for the plaintiff and Mr. Das for the defendant. The dispute is about the quantum of maintenance. The dispute is about the gold ornaments.