UDAYA SWAIN Vs. SATYA SWAINANI

JUDGEMENT

(1.) THE Plaintiff who happens to be the wife of the Defendant sued for maintenance past and future and claimed at the rate of Rs. 50/ - a month. She also wanted the decree for maintenance to be made a charge on the properties of the Defendant mentioned in Schedule 'A ' of the plaint. The Plaintiff has also a daughter born to her through the Defendant. In June, 1964 the Defendant is alleged to have re -married and such re -marriage is the basis for the Plaintiff 's claim for separate residence and maintenance.

(2.) THE fact that the parties were man and wife following a legal marriage is not disputed. But the husband claimed that the marriage between the parties was dissolved on 21 -4 -1963. Ext. G is said to be the deed of divorce and is also dated 21 -4 -1963.

(3.) THE learned trial judge found that there had been a valid divorce which was customary so far as the parties are concerned. He, therefore, found that the Plaintiff had no cause of action for the suit. It was accordingly dismissed.