1928 (12) TMI 1 - HC - Indian Laws

Summary

Issues Involved:
1. Liability for marriage expenses of daughters of the second wife in a partition suit.
2. Determination of marriage expenses incurred after the suit.
3. Contribution towards future marriage expenses of unmarried daughters.
4. Legal basis for maintenance and marriage expenses of daughters in a joint family.
5. Impact of partition on the obligation to contribute to marriage expenses.
6. Determination of mesne profits for a specific year.
7. Consideration of specific items disallowed by the lower court.

Issue-wise Detailed Analysis:

1. Liability for marriage expenses of daughters of the second wife in a partition suit:
The primary issue was whether the plaintiff, as a member of the joint family, was liable to contribute to the marriage expenses of the daughters of the first defendant's second wife. The District Munsif found that the first defendant spent Rs. 2,000 on the marriage of one daughter and was entitled to one-third of this amount from the plaintiff. The Subordinate Judge, however, held that the plaintiff was not liable to contribute to the marriage expenses of daughters married after the suit or to be married, relying on the precedent set in Ramalinga Annavi v. Narayana Annavi.

2. Determination of marriage expenses incurred after the suit:
The Subordinate Judge found that the expenses incurred for the marriage of one daughter after the suit were reasonably Rs. 2,000. However, he ruled that the plaintiff was not liable to contribute to these expenses, citing that the principle from Ramalinga Annavi v. Narayana Annavi applied even though it originally related to the marriage of a male coparcener.

3. Contribution towards future marriage expenses of unmarried daughters:
The court discussed whether future marriage expenses of the two remaining unmarried daughters should be anticipated and provisioned. The District Munsif had fixed Rs. 2,000 for each remaining daughter's marriage, charging the plaintiff's one-third share on his property. The High Court, however, decided not to set apart a specific sum but to fix a maximum limit of Rs. 1,500 for each daughter's marriage, charging Rs. 1,000 on the plaintiff's share to cover one-third of these expenses.

4. Legal basis for maintenance and marriage expenses of daughters in a joint family:
The court examined the historical and legal basis for the obligation of a joint family to bear the marriage expenses of daughters. It was argued that daughters' right to maintenance and marriage expenses is a remnant of an ancient right to a share in the property. The court concluded that this obligation is not derived from the parental obligation but is an independent obligation arising from the joint family property law.

5. Impact of partition on the obligation to contribute to marriage expenses:
The court held that the obligation to contribute to the marriage expenses of daughters does not cease upon partition. This obligation, which exists due to the possession of joint family property, continues to bind all members of the family even after partition. The court distinguished between obligations peculiar to a sub-branch, which fall on that branch alone after partition, and obligations of the whole family, which continue to bind all members.

6. Determination of mesne profits for a specific year:
The plaintiff raised an objection regarding the mesne profits for the year 1922, which the Subordinate Judge had not inquired into despite the District Munsif's judgment awarding profits. The High Court directed the Subordinate Judge to hear objections from both parties and report the findings to the High Court within two months.

7. Consideration of specific items disallowed by the lower court:
The plaintiff also objected to the disallowance of item 21 by the Subordinate Judge. The High Court found that this was a question of fact and could not go into the correctness of the Subordinate Judge's judgment, which relied on evidence showing the sum was paid to the payee and not to the first defendant.

Separate Judgments:

Ramesam, J.:
Ramesam, J., provided a comprehensive analysis of the historical and legal context of the obligation to bear marriage expenses in a joint family. He concluded that the obligation is not derived from the parental obligation but is an independent obligation arising from the joint family property law. He allowed a deduction from the plaintiff's share for the expenses incurred for one daughter's marriage and set a maximum limit for the expenses of the remaining two daughters.

Jackson, J.:
Jackson, J., agreed with the main conclusions but provided a distinct perspective on the nature of the daughter's right to maintenance and marriage expenses. He emphasized that the daughter's right is not to a share of the family assets but to maintenance, which falls on the father and, by extension, the joint family during his lifetime. After partition, this obligation continues to bind the family members proportionately.

H.D.C. Reilly, J.:
Reilly, J., concurred with the conclusions of Ramesam, J., and Jackson, J., emphasizing that the obligation to bear marriage expenses is part of the joint family system and not merely a personal obligation of the father. He supported the view that the obligation continues to bind all members of the family after partition, consistent with the joint family system's principles.