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PERERA v. PERERA.
Addl. P.G., Colombo, 7,648.
Maintenance—Ordinance No. 19 of 1889, s. 6—Right of wife who refuses tolive with her husband without just cause to maintenance of her children oflender years. '
A wife who refuses to live with her husband without just cause is stillentitled to receive maintenance for his children of tender years wboare in her custody.
HE Court below having rejected an application, for main-tenance for herself, as the wife of the defendant, and for her
infant' children by him, the wife appealed to the Supreme Court.
There was no appearance of counsel for her or for therespondent.
1st April, 1903. Wendt, J.—
The Police Magistrate appears to have dealt with this case as ifthe application for maintenance was in respect of the wife alone.Section 5 of Ordinance No. 19 of 1889 disentitles the wife toreceive an allowance from her husband if, without sufficientreason, she refuses to live with him; but there is not any similarenactment in the case of infant children of the marriage who arein the custody of .the wife,; The husband cannot compel the wife«to lfve with, him, and, considering the tender age of her twochildren, I think the wife is primd facie entitled to their custody.
While, therefore, * I, refuse to interfere with the order in thecase of the wife, I send the case back in order that the Magistratemay after due inquiry direct »the payment of such sum as he mayconsider proper by way of maintenance for the children so longas they remain in their mother’s custody.
PERERA v. PERERA