LAWS(ORI)-1971-4-29

DONARDHAN DONDASENA Vs. SRIMATI TULUSA DEVI AND ANR.

Decided On April 02, 1971
Donardhan Dondasena Appellant
V/S
Srimati Tulusa Devi And Anr. Respondents

JUDGEMENT

(1.) THIS petition is against an order under Section 488(1), Code of Criminal Procedure directing the husband, the Petitioner here, to pay a monthly allowance of Rs. 25/ - to the wife and Rs. 10/ - to his son who is a child.

(2.) THE relationship of husband and wife is not questioned nor is the fact that meanwhile the husband had married a second wife. The learned Magistrate has found that no refusal or neglect as such on the part of the husband has been proved; none the less, he has drawn an inference that since the wife was justified ' in refusing to live with the husband, he having taken a second wife, there was ''lawful neglect '' on the part of the husband and as such the wife was entitled to claim maintenance.

(3.) THE points urged in support of the petition are that.