Utharankat Purakkal Eazuvan v. Utharankat Parakkal Eazuvan
1915-04-21
BAKEWELL, S.AIYAR
body1915
DigiLaw.ai
JUDGMENT 1. The lower Appellate Court ought not to have allowed the defendants to raise the contention that the 1st plaintiff has got other means of support and is, therefore, not entitled to claim maintenance at all out of her husbands joint family property. See also on this point Darbha Lingayya v. Darbha Kanakamma 28 Ind. Cas. 200 : 28 M.L.J. 260 : 38 M. 153. 2. We modify the decree of the lower Appellate Court by allowing Rs. 270 to the 1st plaintiff in her own right besides the Rs. 250 allowed to the minor 2nd plaintiff represented by the 1st plaintiff. The defendants will pay 3/4ths of the plaintiffs costs here and in the lower Appellate Court and bear their own costs. The decree of the first Court as to costs in that Court will stand.