High CourtsDivision Bench(1949) 10 MAD CK 0061

Senapathi Mudaliar vs Deivanai Ammal

Madras High Court · Decided on 27 October 1949 · Citation: (1949) 2 MLJ 820

HON’BLE JUDGES
Panchapakesa Ayyar, J · Panchapakesa Aiyar, J

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Judgment

7 paragraphs · 150 words

Panchapakesa Ayyar, J.—There is no doubt whatever that the order awarding separate maintenance to the respondent, the petitioner''s first

wife, was correct and proper. The petitioner has married again and his offer to take the respondent back and treat her well cannot be taken to be

sincere. Even if he takes her back, he will only make her an unpaid cook and maid of all work for himself and his second wife, an intolerable

position and one to which no Court should drive a married woman.

2.

The next question is about the quantum of maintenance awarded. After carefully considering all the circumstances, I reduce it to Rs. 12-8-0 a

month as the petitioner has to maintain another wife, married before the Anti-Poligamy Act and provide for children by her, out of his income of

Rs. 40 a month, whereas children of his by the respondent are now highly improbable.