ZUMKABAI Vs. SANTU

JUDGEMENT

(1.) THIS second appeal by the plaintiff/wife is directed against the reversing judgment and decree of the lower Appellate Court. It was admitted for hearing on 19 -4 -1983 on the following substantial question of law : - -

(2.) IT does not appear necessary to narrate the facts in detail for disposing of the second appeal. Suffice it to say that the appellant is the wife for the respondent. She is living separately from the husband. She filed suit for maintenance of Rs. 40/ - per month against her husband and claimed a charge on the suit land for payment for the alimony. The suit was resisted, but decreed, by the Trial Court. In appeal, it was reversed by the lower appellate Court on the ground that there was no justification for the wife to live separately from her husband. Being aggrieved, the wife has preferred this second appeal.

(3.) IN the result, this appeal succeeds and it is hereby allowed with costs throughout. The judgment and decree of the lower appellate Court are set aside and those of the Trial Court are restored with costs. Counsel fee as per certificate or schedule, whichever be Ises if already certified.