Viramma Vs. Narayya

Viramma vs Narayya

Type Court Judgment Court Chennai Decided Feb 23, 1883

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Citation: sooperkanoon.com/775759
Court: Chennai
Judge: Charles A. Turner, Kt., C.J. and ;Muttusami Ayyar, J.
Decided On: Feb 23, 1883
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code, 1872, Section 536. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Viramma

Respondent

Narayya

Legal References

Reported In: (1883)ILR6Mad283

Excerpt

criminal procedure code, 1872, section 536. - charles a. turner, kt., c.j.1. the complainant applied to the magistrate for an order directing her husband to pay her maintenance. the parties came to terms, the husband agreeing that he would furnish his wife with certain ornaments, build a house for her, deliver to her annually a certain amount of grain, and pay her a certain sum in cash.2. this agreement the parties brought to the notice of the magistrate, who, reciting their concurrence, declared that he passed judgment in accordance with the agreement on 12th december 1882. no formal order has been drawn. it appeared to this court that the law empowers a magistrate only to direct payment of a monthly maintenance, and that such an agreement as the parties entered into cannot he made the subject of an order under section 536 of the code of criminal procedure, nor enforced under the provisions of that section.3. we direct, in supersession of the direction - of the magistrate, that the agreement be placed on the record and the application dismissed.

Full Judgment

Charles A. Turner, Kt., C.J.

1. The complainant applied to the Magistrate for an order directing her husband to pay her maintenance. The parties came to terms, the husband agreeing that he would furnish his wife with certain ornaments, build a house for her, deliver to her annually a certain amount of grain, and pay her a certain sum in cash.

2. This agreement the parties brought to the notice of the Magistrate, who, reciting their concurrence, declared that he passed judgment in accordance with the agreement on 12th December 1882. No formal order has been drawn. It appeared to this Court that the law empowers a Magistrate only to direct payment of a monthly maintenance, and that such an agreement as the parties entered into cannot he made the subject of an order under Section 536 of the Code of Criminal Procedure, nor enforced under the provisions of that section.

3. We direct, in supersession of the direction - of the Magistrate, that the agreement be placed on the record and the application dismissed.

Same Parties Viramma vs Narayya Same Subject Criminal Same Judge Charles A. Turner, Kt., C.J. and ;Muttusami Ayyar, J.

Criminal