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Machinari Lakshmi Amma v. Thundikandiyil Parkum Natukandiyil Koyithatta Krishna Kurup

Machinari Lakshmi Amma v. Thundikandiyil Parkum Natukandiyil Koyithatta Krishna Kurup

(High Court Of Judicature At Madras)

Criminal Revision No. 203 Of 1940 & Criminal Revision No. 195 Of 1940) | 26-09-1940

The marriage was not disputed and the evidence does not warrant the conclusion that it was dissolved before the Madras Marumakkatayam 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 under S. 488, Criminal Procedure Code.

Advocate List
  • For the Petitioner T.R. Ramachandran, Advocate. For the Respondent P. Govinda Menon, Advocate. For the Crown V.L. Ethiraj, Public Prosecutor.
Bench
  • HON'BLE MR. JUSTICE LAKSHMANA RAO
Eq Citations
  • (1941) 2 MLJ 254
  • AIR 1941 MAD 940
  • LQ/MadHC/1940/362
Head Note

Hindu Law — Marumakkatayam — Maintenance — Right to maintenance — Maintenance under S. 488 CrPC — Entitlement of infant son