AIR 1947 MADRAS 224

Madras High Court

Hon'ble Judge(s): Horwill, Shahabuddin , JJ

Hindu Law - Stridhan - Nattu Kottai Chetti community - Custom - Custom of handing over stridhanam money given at marriage to father-in-law in trust for bride - Husband to keep it safe after his father's death - Bride is sole beneficiary - Her children do not have joint interest in stridhan fund - Death of father-in-law - Wife lending money to husband contrary to custom - Husband becoming insolvent - Neither wife nor her children can claim first charge on insolvent's assets. According to the custom in the Nattu Kottai Chetty community money given to the bride at the time of her marriage is handed over to her father-in-law to be invested for her benefit and after his death the husband is to keep it safe for the wife. In such cases, the wife is the sole beneficiary entitled to the stridhanam fund and her children do not have a joint interest with her therein : 33 AIR 1946 Mad 519, Foll ; 28 AIR 1941 Mad 841; 1937 MWN 493 and 21 AIR 1934 Mad 621, Disting.(Para 5) Where, therefore, the wife lends her stridhanam money to her husband after the death of the father-in-law contrary to the custom, the husband must be regarded as a debtor and not as a trustee for the wife and it cannot as well be said that the money continues as trust fund for the benefit of the children and hence on the insolvency of the husband, neither th....