1906 (8) TMI 2 - HC - Indian Laws

Summary

Issues:
1. Acceptance of the arbitration award and its binding nature.
2. Provision for prospective ceremonies of the defendants.
3. Deduction of stridhan from the share of the wife.
4. Entitlement of plaintiff's children to have sums set apart in partition.

Analysis:
The judgment by Justice Scott of the Bombay High Court dealt with various issues arising from a partition suit filed by one of the sons against his brothers and other family members. The first issue addressed was the acceptance of the arbitration award and its binding nature on the parties involved. The plaintiff expressed willingness to accept the award, which led to the conclusion that he must be bound by the arbitrator's findings, including the amount of ancestral property. This acceptance resolved the question of any additional ancestral property beyond what was mentioned in the award.

The next set of issues revolved around the provision for prospective ceremonies of the defendants, specifically the thread ceremony, betrothal ceremony, and marriage ceremony. The court held that the defendants were entitled to have a sum set apart from the family property to cover the expenses of these ceremonies. A commissioner was appointed to determine the appropriate amount to be set aside for these ceremonies, taking into account the extent of the family property.

Regarding the deduction of stridhan from the share of the wife, it was acknowledged that she was entitled to a share equal to that of the plaintiff, but any stridhan received by her had to be deducted from her share. The court directed that the value of any stridhan received by the wife should be deducted from her share in the partition.

Lastly, the issue of whether the plaintiff's children were entitled to have sums set apart in the partition was discussed. The court found that the plaintiff's son and daughter were not entitled to such sums, as per the principles of Hindu law and previous judgments. The exclusion of the plaintiff's children from having expenses set apart for their ceremonies was based on the interpretation of relevant texts and legal precedents. Therefore, there was no provision made for the plaintiff's children to have sums set apart in the partition.

In conclusion, the judgment addressed the acceptance of the arbitration award, provision for prospective ceremonies of the defendants, deduction of stridhan from the wife's share, and the entitlement of the plaintiff's children to have sums set apart in the partition. The court's decision provided clarity on these issues and outlined the necessary steps to be taken in the partition proceedings.