Ramayee

Type Court Judgment Court Chennai Decided Aug 20, 1890

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https://sooperkanoon.com/case/782658

Citation: sooperkanoon.com/782658
Court: Chennai
Judge: Shephard and ;Handley, JJ.
Decided On: Aug 20, 1890
Subject: Criminal

Parties & Advocates

Appellant / Petitioner

Ramayee

Legal References

Cases Referred: Upendra Nath Dhal v. Sondamini Dasi I.L.R.
Reported In: (1891)ILR14Mad398

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Excerpt

criminal procedure code - act x of 1882, section 489--maintenance. - 1. we think that the ruling in upendra nath dhal v. sondamini dasi i.l.r. 12 cal. 535 is right, and that the rate of maintenance must be fixed, subject only to any possible alteration under the provisions of section 489. with regard to that section, we think that the fact that the child has grown older would no less constitute 'a change in the circumstances of the person receiving the allowance,' than would the death of the child or the birth of another, and therefore the rate cam be varied from time to time on application being made as the child gets older. we think the order ought to be modified by setting aside that part of it which directs a prospective increase of the rate.

Full Judgment

1. We think that the ruling in Upendra Nath Dhal v. Sondamini Dasi I.L.R. 12 Cal. 535 is right, and that the rate of maintenance must be fixed, subject only to any possible alteration under the provisions of Section 489. With regard to that section, we think that the fact that the child has grown older would no less constitute 'a change in the circumstances of the person receiving the allowance,' than would the death of the child or the birth of another, and therefore the rate cam be varied from time to time on application being made as the child gets older. We think the order ought to be modified by setting aside that part of it which directs a prospective increase of the rate.