RANGANAYAKI AMMAL Vs. RAJAGOPALASWAMI NAIDU

JUDGEMENT

(1.) IT cannot be disputed that the claim for (1) marriage expenses (2) arrears of maintenance (3) lump sum on account of residence (4) clothing for plaintiff 1 was a claim for debts provable in insolvency. These together was over 90 per cent, of the claim put forward in the suit. Even as regards the claim for future maintenance I am not satisfied, having reference to the language of Section 34(2), Provincial Insolvency Act, that it is not a debt provable in insolvency. If it is not, it would seem that no insolvency proceedings against a Hindu with female relations entitled to maintenance, could be taken effectively.

(2.) THE plaintiff being a creditor to whom the insolvent was indebted in respect of a debt provable under the Act was forbidden by Section 28(2) of the Act to bring any suit against him without the leave of the Insolvency Court. THE cases reported in Jayanti Subbiah V/s. Alamelu Mangamma ( 04) 27 Mad. 45 and Suryanarayanarao Naidu V/s. Balasubramania Mudali ( 20) 7 A.I.R. 1920 Mad. 106 have little, if any, bearing on the question now at issue. THEy were cases of sales in execution in which delivery was resisted by maintenance holders. Here we are concerned with the legality of the filing of the suit. I agree with the lower Courts that Section 28 (2) of the Provincial Insolvency Act was a bar to this suit. This appeal is dismissed with costs of respondent 3. Court fee to be paid by the appellant. Leave to appeal is refused.