High Courts(1905) 12 MAD CK 0007

Chowaharen Keloth Makhi Keyi and Manager vs Pudia Maligayammal Chowakaren Keloth Mammod

Madras High Court · Decided on 11 December 1905 · Citation: (1906) 16 MLJ 275

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Judgment

6 paragraphs · 158 words
1.

We are of opinion that this suit as brought was not maintainable. The plaintiff lives in a Tavazhi house and sues for separate maintenance. There

are no grounds for awarding him separate maintenance. He is said to be sickly and unable to do any work. He lives, and all along, he has lived in

the Tavazhi house along with his mother and her other children. If the amount set apart for the maintenance of the member of this Tavazhi is not

sufficient for his support, considering the income of the Tarwad, a suit can be brought by the members for an increased allotment of lands on the

property or for a money allowance. On the ground that the plaintiff is not entitled on the admitted facts of the case to an award of separate

maintenance, we allow this second appeal and set aside the decrees of the lower Courts and dismiss the plaintiff''s suit with costs throughout.