1955 (3) TMI 53 - HC - Indian Laws

Summary

Issues Involved:
1. Entitlement of a Christian wife to separate maintenance from her husband.
2. Determination of valid reasons for the wife to refuse to live with her husband.
3. Rate of maintenance awarded to the wife.
4. Liability of the second defendant for the costs of the plaintiffs.

Detailed Analysis:

1. Entitlement of a Christian Wife to Separate Maintenance from Her Husband:
The main question was whether a Christian wife (Syrian Roman Catholic) is entitled to separate maintenance from her husband. The court found that, according to the personal law of Christians in the State, the husband has a legal obligation to maintain his wife. This obligation is not merely moral but is enforceable by law. The court referred to various legal principles, including the Canon Law, which states, "The husband has the duty of providing his wife with the necessaries of life." Additionally, the court observed that under the principles of 'justice, equity, and good conscience,' which are aligned with the Common Law of England, the husband is legally bound to maintain his wife.

2. Determination of Valid Reasons for the Wife to Refuse to Live with Her Husband:
The court examined whether there was a valid reason for the plaintiffs to leave the house of the first defendant and claim separate maintenance. It was found that the first defendant ill-treated the first plaintiff, assaulted her, and drove her away from the house. The court concluded that the first plaintiff had justifiable cause for refusing to live with the first defendant due to habitual cruelty, thus entitling her to separate maintenance. The judgment stated, "The first plaintiff was being ill-treated by the first defendant, that the plaintiffs were driven away from the house in plaint item No. 2, and that, therefore, the plaintiffs were justified in refusing to live with the first defendant."

3. Rate of Maintenance Awarded to the Wife:
The court reviewed the rate of maintenance awarded by the lower court, which was Rs. 100 per year for the first plaintiff and Rs. 33 1/3 per year for the second plaintiff. The first defendant claimed that his income was only Rs. 200 per year, while the plaintiffs asserted it was over Rs. 1,000 per year. The court found the rate of Rs. 100 per year awarded to the first plaintiff to be reasonable and not excessive. The judgment stated, "We do not think that Rs. 100/- a year awarded by the Court below as maintenance to the first plaintiff is excessive. We, therefore, confirm that award."

4. Liability of the Second Defendant for the Costs of the Plaintiffs:
The second defendant objected to the decree making him liable for the costs of the plaintiffs. The court found that since the plaintiffs' claim against the second defendant was disallowed, there was no reason for him to be liable for the plaintiffs' costs. The judgment stated, "In the circumstances, we find no reason why the second defendant should be made liable for the costs of the plaintiffs."

Conclusion:
The judgment concluded by modifying the decree of the lower court to the extent of disallowing the maintenance and costs awarded to the second plaintiff and exempting the second defendant from liability for the plaintiffs' costs. The first plaintiff was confirmed to be entitled to maintenance at the rate of Rs. 100 per year from the first defendant, with arrears carrying interest at six percent per annum. The first plaintiff and the first defendant were given the liberty to move the court for varying the rate of future maintenance based on altered circumstances. The appeal was partly allowed, and the first respondent was awarded costs in the court from the appellant.