AMAR KANTA SEN V. SOVANA SEN [AIR 1960 CAL 438]

AMAR KANTA SEN V. SOVANA SEN [AIR 1960 CAL 438]

Observation: Principles of Hindu Law by D.F. Mulla follows: A wife who persists in following a vicious course of life, forfeits her right to maintenance even though it is secured by a decree. But it would seem that if she completely renounces her immoral course of conduct, her husband is liable to furnish her with a bare or what is also called starving maintenance that is, food and raiment just sufficient to support her life. The burden of proving that the erring wife has returned to purity is on the wife herself. It will be seen that even under the Hindu Law a wife who was found unchaste was only entitled to a bare or starving allowance.

Held: Therefore, if wife has ceased to live unchastely she is entitled to starving maintenance