High CourtsDivision Bench

Ramayee

Madras High Court · Decided on 20 August 1890 · Citation: (1891) ILR (Mad) 398

HON’BLE JUDGES
Shephard, J · Handley, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 489
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Judgment

5 paragraphs · 126 words
1.

We think that the ruling in Upendra Nath Dhal v. Sondamini Dasi ILR 12 Cal. 535 is right, and that the rate of maintenance must be fixed,

subject only to any possible alteration under the provisions of Section 489. With regard to that section, we think that the fact that the child has

grown older would no less constitute ""a change in the circumstances of the person receiving the allowance,"" than would the death of the child or the

birth of another, and therefore the rate cam be varied from time to time on application being made as the child gets older. We think the order ought

to be modified by setting aside that part of it which directs a prospective increase of the rate.