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Present:. Ennis J.
THANKACHIAMMAH v. SAMPANTHER.
P. C. Kayta, 10,902.
Application for enhancing maintenance—Has Magistrate to considerwhether the position of wife was worse since last order?—Changein husband’s circumstances.
Ia considering an application by a wife for an order' for enhanciugmaintenance, the Court may act on ' proof that the husband’scircumstances have improved, and is not bound to consider thecircumstances of the wife.
T HE facts appear from the judgment.
Arulanandan, for defendant, petitioner.
B. F. de Silva, for respondent.
September 20, 1922. Ennis J.—
This is an appeal from an order enhancing maintenance. Undersection 10 of the Maintenance Ordinance, maintenance may beenhanced on proof that the husband’s circumstances have improved,or on proof that the wife’s circumstances have become worse. Inthis case there was an admission and evidence by the husband thathis circumstances has considerably improved. The learned Judgethereupon refused to hear any more evidence. It has been suggestedby counsel for appellant that the respondent was not allowed toprove his case. The counsel for appellant was not able to tell mewhat the respondent’s case was which he wished to prove byfurther evidence. He suggests that it was to show that the wifewas in no worse position than she was when the order for maintenancewas made. Assuming that he had called evidence to prove this, itwould not have made the order of the learned Magistrate wrong,because the Court can act on finding that the husband’s circumstanceshav.e improved, and was not bound to consider the circumstancesof the wife.
I accordingly refuse the application, with costs.
THANKACHIAMMAH v. SAMPANTHER