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1952 DIGILAW 128 (MAD)

Raghupathula Subbayamma v. Raghupathula Venkata Rao

1952-04-09

SOMASUNDARAM

body1952
Order.- As pointed out by Pandrang Row, J., in Kista Pillai v. Amirthammal1, in a case of maintenance under section 488, Criminal Procedure Code, where the husband makes allegations that the wife was living in adultery and makes that his defence to refuse the claim of the wife for maintenance, the husband ought to begin the case and let in evidence of unchastity so that the wife may rebut it. In this case no such opportunity has been given to the wife to rebut the case of the husband. The order of the lower Court is set aside and the case remanded to the lower Court for fresh disposal according to law. K.S. ----- Case remanded.