ALAMELU ACHI Vs. MEENAKSHI ACHI

JUDGEMENT

(1.) This is a second appeal sought to be preferred against the decree and judgment of the learned Subordinate Judge of Devakottai in A. S. No. 46 of 1958 confirming the decree and judgment of the learned District Munsif of Devakottai in O. S. No. 144 of 1957. The facts of the case have been fully set out in the judgments of the courts below and need not be reset here.

(2.) On relevant and acceptable evidence both the Courts below came to the conclusion that the settlement in question was a pre-nuptial settlement of gift and that it was brought into existence by collusion of the parties thereto to defeat and, defraud the creditors of the heavily indebted settlors' family and that the transaction was not at all a bona fide one. The lower Court also approached the case from the standpoint whether the defendants have satisfactorily established that the transaction was not bona fide but brought into existence to defeat and delay the creditors of the settlor and came to the conclusion that the defendants have affirmatively established their case. I am bound by these findings of fact.

(3.) It is settled law that a settlement made before and in consideration of marriage s protected but where there is an intent in the minds of both parties to the marriage to defeat and delay creditors and to make the celebration of marriage part of a scheme to protect property against the rights of creditors, the settlement will be voidable: Colombine v. Penhall, (1853) 1 Sm. and G. 228.