TRINAYANT DASEE Vs. SRICHANDAN BHUIYAH

JUDGEMENT

(1.) This is an appeal by the plaintiff, Bhuinyani Trinayani Dasee, in a suit which was brought by her against her husband for maintenance.

(2.) The only point which was argued before us was whether this suit was, in any way, barred by the fact, which is undisputed, that the lady had obtained an order from the Magistrate, under Section 488 of the Code of Criminal Procedure for the payment to her of maintenance of Rs. 50 a month. That sum is the highest which a Magistrate can award under that section and, in this Civil suit, the lady asked for Rs. 250 a month with arrears, for the provision of a proper residence and, further, that the amount allowed might be made a charge upon her husband s properties. The last order is one which, of course, the Magistrate had no jurisdiction to pass.

(3.) We adjourned the appeal for a fortnight to enable the parties to come to terms. They had not, however, been able to do so, and must, therefore, pass orders in the case.