NILAWA IRAYA MATHAPATI Vs. REVANSHIDAYA SHIDLINGYA

JUDGEMENT

(1.) THE District Judge was wrong in not remanding the ease to the Trial Court to ascertain what maintenance should be payable to defendant Nos. 1 and 11. We have repeatedly laid down the general principle that, in all cases of this class, where a right to maintenance has been allowed the quantum of maintenance should be decided in the suit itself, even though the parties may not have, in the first instance, provided the Court with the materials. Once that right is decided, it is eminently desirable that the quantum should be ascertained in the suit itself, and that the parties entitled to maintenance who are generally females should not be left to separate proceedings. THE appeal will be allowed to that extent.

(2.) THERE will be no order as to costs.