Pandula Subbaya Vs. Pandula Ambamma

Pandula Subbaya vs Pandula Ambamma

Type Court Judgment Court Chennai Decided Mar 12, 1909

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Citation: sooperkanoon.com/810472
Court: Chennai
Judge: Munro, J.
Decided On: Mar 12, 1909
Subject: Criminal

Case Summary

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

Criminal Procedure Code (Act V of 1898), Section 488 - Maintenance--Offer by husband to maintain his wife--Award of maintenance without considering wife's willingness or unwillingness to live with her husband--Illegality. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Pandula Subbaya

Respondent

Pandula Ambamma

Legal References

Reported In: 2Ind.Cas.155

Excerpt

criminal procedure code (act v of 1898), section 488 - maintenance--offer by husband to maintain his wife--award of maintenance without considering wife's willingness or unwillingness to live with her husband--illegality. - ordermunro, j.1. the petitioner, in his statement, offered to maintain his wife and the magistrate should have asked the woman whether she was willing to live with the petitioner. if she refused, it was for the magistrate to consider the grounds of refusal and pass such order as he thought fit. the magistrate's order is set aside and he is directed to dispose of the case according to law.

Full Judgment

ORDER

Munro, J.

1. The petitioner, in his statement, offered to maintain his wife and the Magistrate should have asked the woman whether she was willing to live with the petitioner. If she refused, it was for the Magistrate to consider the grounds of refusal and pass such order as he thought fit. The Magistrate's order is set aside and he is directed to dispose of the case according to law.

Same Parties Pandula Subbaya vs Pandula Ambamma Same Subject Criminal Same Judge Munro, J.

Criminal