Machinari Lakshmi Amma vs Thundikandiyil Parkum Natukandiyil Koyithatta Krishnakurup

Lakshmana Rao, J.—The marriage was not disputed and the evidence does not warrant the conclusion that it was dissolved before the Madras Marumakkathayam Act of 1932 came into force. The marriage has therefore to be deemed to be a legal marriage and on the finding of the Sub-Divisional Magistrate that the income of the tavazhi properties of the petitioner is very little, the infant son is also entitled to maintenance. The order of the Sub-Divisional Magistrate is therefore set aside and the petition is remanded to him for fixing the appropriate rate of maintenance for the petitioner and her infant son and passing the order u/s 488, Criminal Procedure Code.