JAGANNATH RAGHUNATH Vs. NARAYAN LSHETHI

JUDGEMENT

(1.) Upon the evidence adduced in this case we are of opinion that the parties, who are Kamathis settled in Bombay, are governed for the purposes of inheritance by the law of the Mitakshara and the Mayukha, where these agree; where they differ, the Mayukha law must prevail.

(2.) The property in dispute belonged originally to one Laxmibai. She had obtained it after marriage by way of gift from her husband on the nth of January, 1894. Therefore it became her stridhan of the kind designated in Hindu Law as anwadheya or gift subsequent to marriage. Laxmibai died in 1896, leaving a son by name Elissha and a daughter named Narsubai. As was held by this Court in Dayaldas Laldas V/s. Savitribai (1909) 12 Bom. L.R. 386, the anwadheya stridhan of a woman descends on her death to her stms and daughters jointly, not to the daughters alone. Accordingly, the property in dispute was inherited by Narsubai and her brother Elshetty in equal shares. Narsubai died in 1903, and the question is, who inherited her moiety of the property? It is proved from the evidence in the case that, although Nursubai had been married to one Narsinga, yet she had lived in adultery with respondent No. 2 and gave birth to a son. When she died, she left her surviving her husband and the son. The husband sold the property in dispute to the plaintiff on the 10 of June, 1904. Respondent No. 2's case in the Court below was that Narsubai became his lawful wife by marriage after she had obtained a divorce from Narsinga. The Subordinate Judge has held the divorce not proved, and we agree with him. The evidence to prove divorce is of an unsatisfactory character and establishes no more than that Narsubai lived with respondent No. 2 and had a son by him.

(3.) Now the question is, whether her moiety descended on her death to the son born of her in adultery, or to her husband Narsinga?