MRS. BARBARA GOORGINA DEBNAM Vs. MR. FREDRICK CECIL BURNIE DEBNAM

JUDGEMENT

(1.) THIS is an application by the respondent in O.S.A. No. 85 of 1948 for a direction from this Court to the appellant to pay her a sum of Rs. 350 as counsel's fee and the amount required for buying printed papers to enable her to conduct the appeal, or in the alternative, to direct the appellant to furnish security for costs of the appeal. There was also a prayer that the appellant may be directed to pay her the taxed costs of the suit, but since the application was taken out, the appellant has paid this amount. The respondent was the wife of the appellant.

(2.) IT is clear from the authorities which have been reviewed in a recent judgment of Yahya Ali, J., in Mrs. Yvonme Gwendoline Marie Lewis v. : (1949)1MLJ547 that in a matrimonial suit the wife will be entitled to an order against her husband for payment of the costs of the suit in advance to enable her to conduct the suit. But no authority has been brought to our notice for an application of this rule to appeals either by the wife or by the husband. The practice however seems to be for the wife to pray for an order to direct the husband to furnish security for her costs of the appeal and it has been assumed by English Courts that security will not be ordered as a matter of course merely because a wife has no means of her own, but the Court has jurisdiction to make an order and will do so in appropriate cases. See Lately on Divorce, XIII Edn., page 768.

(3.) WE are however of the opinion that the appellant must be directed to furnish security for the costs of the appeal. The costs of the lower Court were paid by him only after the present application was filed by the respondent. The respondent is a lady with two children and it is likely that she will not be easily able to recover the amount of the costs of the appeal in case she is successful. We therefore direct the appellant to furnish security in the sum of Rs. 400 for the costs of the appeal within four weeks from to -day to the satisfaction of the Seeond Assistant Registrar of this Court. In default, the appeal will be posted for orders under Order 41, Rule 10(2) of the Civil Procedure Code.