Chirukala Nagalakshmamma vs Visvanadha Sastri and Others

Various circumstances are set out by the District Judge in para 23 of his judgment. We have considered those circumstances in the light of the

decisions of this Court in Ilata Shavitri v. Ilata Narayanan Nambudri (1893) 1 M.H.C.R. 373 and Kandasami Pillai v. Murugammal ILR (1891)

M. 6 and we are of opinion that these decisions are directly in point. In Kandasami Pillai v. Murugammal 16 C.W.N. 35 the learned Judge

considers that an unchaste wife must show that she is a reformed character before she can be entitled to maintenance and the Court held in Ilata

Shavitri v. Ilata Narayana Nambudri ILR (1902) C. 218 that a Hindu wife living apart from her husband who has been guilty of adultery cannot

recover maintenance unless the adultery is condoned. In this case it is not suggested that the adultery was condoned nor has the wife shown that

she is a reformed character. She is therefore not entitled to any maintenance on the authority of these cases.

We dismiss the Second Appeal with costs of 1st defendant.