SARUBAI BALAKDAS BAIRAGI Vs. NARAYANDAS DEVDAS BAIRAGI

JUDGEMENT

(1.) THIS is a second appeal from a decision of the Assistant Judge of Poona, and it raises a question of Hindu law.

(2.) ONE Parvatibai, who was the wife of the respondent, died on August 16, 1936, having made a will four days before her death, whereby she left her property to the appellant, who is her niece. The will is not before the Court, but it is not disputed that under the will the appellant is given Parvatibai's property. The property in question consisted of cooking utensils, articles of clothing, money in currency notes and ornaments, and it is admitted that it comes within the description of stridhana other than saudayika. The rule with regard to the powers of a woman over property of that nature is stated in Mulla's Hindu Law, 9th Edition, paragraph 143, in these terms : As regards stridhana other than saudayika, e.g., gifts from strangers, property acquired by mechanical arts, etc., the rule is that she has no power to dispose of it during coverture without the consent of her husband. It is subject to her husband's dominion, and he is entitled to use it at his pleasure even if there be no distress. Then lower down it is stated : When it is said that stridhana other than saudayika (gifts from relations) cannot be disposed of by a woman without her husband's consent, it is meant that in her lifetime she cannot sell it, or make a gift of it, or bequeath it by her will, or otherwise deal with it without her husband's consent. The rule was discussed by this Court in Bhau v. Raghunath (1905) I.L.R. 30 Bom. 229 : S.C. 7 Bom. L.R. 936 where the texts are discussed. The rule is expressed to apply to a woman under coverture, which is the expression used in the translations of the texts, and I must assume that the translations are accurate. The word "coverture" under English law is synonymous with marriage, and a woman under coverture is simply a married woman. The learned trial Judge says : "A state of coverture is understood to mean a state during which the wife is under the power of her husband." But in English law a woman does not cease to be under coverture because she ceases to live with her husband.

(3.) THOUGH, therefore, my sympathies are entirely with the appellant, I am afraid I must dismiss the appeal.