1910 (6) TMI 2

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..... iage was fixed for the 2nd November, 1877, and that "therefore" the defendant declared of his own free will and accord that he " shall continue to pay ₹ 500 per month in perpetuity " to the plaintiff for " her betel-leaf expenses, etc., from the date of the marriage, i.e., from the date of her reception, " out of the income of certain properties therein specifically described, which he then proceeded to charge for the payment of the allowance. 3. Owing to the minority of the plaintiff, her " reception " into the conjugal domicile to which reference is made in the agreement does not appear to have taken place until 1883. The husband and wife lived together until 1896, when, owing to differences, .....

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..... thereupon appealed to the High Court, where the argument seems to have been confined solely to the question of the plaintiff's right to maintain the action, as the learned Judges observe that neither side called their attention to the evidence on the record. They hold that she had a clear right to sue under the agreement, and they accordingly reversed the order of the first Court and decreed the plaintiff's claim. 8. The defendant has appealed to His Majesty in Council, and two main objections have been urged on his behalf to the judgment and decree of the High Court. 9. First, it is contended, on the authority of Tweddle v. Atkinson (1861) 1 B. & S. 393, that as the plaintiff was no party to the agreement, she cannot take advant .....

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..... s their Lordships understand, to the wife customary among Mahomedan families of rank, especially in upper India, fixed either before or after the marriage, and varying according to the means and position of the parties. When they are minors, as is frequently the case, the arrangement is made between the respective parents and guardians. Although there is some analogy between this allowance and the pin-money in the English system, it appears to stand on a different legal footing, arising from difference in social institutions. Pin-money, though meant for the personal expenses of the wife, has been described as " a fund which she may be made to spend during the convertor by the intercession and advice and at the instance of the husband.& .....

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