Q: Discuss the citation of Natarajan vs Paklaniammal, September 11, 2006 ?
Ans: During a case of , Natarajan vs Paklaniammal on 11 September, 2006, the Tamil Nadu High Court held that the learned counsel for the applicant, would contend that the order of maintenance cannot be sustained on two grounds. Firstly, when the respondent was not willing to live with her husband as stated by her in the Panchayat, she would not be entitled for maintenance as found in Second Proviso to Section 125(3) Cr.P.C.
Secondly, as per the customs prevailing in the community, the respondent has received a total sum of Rs.60,000/- towards maintenance for herself and her minor son at the time of divorce as per Ex.B-1, a panchayat muchalika executed by both the applicant as well as the respondent. Therefore, the wife would not be entitled for further maintenance.
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