Research › Browse › Judgment

Calcutta High Court · body

1945 DIGILAW 181 (CAL)

Sarejan Bewa v. Hem Chandra Majumdar

1945-08-06

body1945
JUDGMENT Henderson, J. - This Rule has been obtained by the judgment-debtor. It is directed against an order rejecting an objection under sec. 47 of the CPC to the effect that Opposite Party No. 1 is not entitled to execute his decree against the proceeds of a Life Insurance Policy taken out by her husband in view of the provisions of sec. 6 of the Married Women's Property Act. The nomination made by her husband is set cut in paragraph 2 of the petition and is in these terms: The wife, the nominee, if she be alive on the death of the assured and this nomination shall be still in force which failing to the assured or his executors, administrators, assignees or other nominees. 2. The first contention made on behalf of the Opposite Party is that in view of the words "which failing to the assured or his executors, administrators, assignees," the section has no application. This argument is certainly supported by a decision of the Bombay High Court in the case of Dinbai v. Shet Bamanshaji Jamasji ILR 58 Bom. 513 (1933). The Petitioner is, however, supported by the judgment of Ameer Ali, J., in the case of Re: Ashalata Dasi ILR [1940] 1 Cal. 64. I have really nothing to add to what was said by the learned Judge in his judgment. The decisions of the Madras High Court in the case of Kannayalal v. Subraraya Chetty ILR 1938 Mad. 867 (1937) and in the case of V.E.R.M.K. Krishnan Chettiar v. Velayee Ammal ILR [1938] Mad. 909 are to the same effect. In both those cases the wife got nothing, if the husband survived to a certain date; hence the husband would get nothing unless he survived the wife. The Petitioner's case is, therefore, stronger than either of those cases. I have no hesitation in following these decisions. Apart from anything else the effect of the Bombay High Court decision is to curtail seriously the protection afforded by this section to wife and children. 3. If I have understood the judgment of the learned Judge correctly he also accepted this view. He pointed out, however, that the words "and this nomination shall be still in force," and "or other nominees" are to be found in the nomination. Some meaning has to be given to them. 3. If I have understood the judgment of the learned Judge correctly he also accepted this view. He pointed out, however, that the words "and this nomination shall be still in force," and "or other nominees" are to be found in the nomination. Some meaning has to be given to them. The only reasonable interpretation is that the husband intended to preserve his right to cancel the nomination. In these circumstances sec. 6 of the Married Women's Property Act can have no application. 4. The Rule is discharged. I make no order as to costs.