NAWAB KHWAJA MUHAMMAD KHAN Vs. NAWAB HUSAINI BEGAM

JUDGEMENT

(1.) The suit which has given rise to this appeal was brought by the plaintiff, a Mahomedan lady, against the defendant, her father-in-law, to recover arrears of certain allowance, called Kharch-i-pandan, under the terms of an agreement executed by him on the 25 October, 1877, prior to and in consideration of her marriage with his son Rustam Ali Khan, both she and her future husband being minors at the time.

(2.) The agreement in question recites that the marriage 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 Rs. 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, she left her husband's home, and has since resided more or less continuously at Moradabad.