VELLUVAKANDI KUNHI PATHUMMA Vs. PONNANKKI MOOSAN MAMMAD

JUDGEMENT

(1.) THE Judge has found that the usual practice amongst the Moplahs of North Malabar following the Marumakathayam, law is for a married woman to live in her tarwad house, though there are many instances where the wife goes to live with her husband in his own house, but he holds that as the wife s right to maintenance is derived by her from the Muharnmadan law she must take it subject to the obligation under that law to live with the husband in his own house if he requires her to do so. We agree in this view. Besides, the custom of living in the tarwad house cannot be said to be anything more than a social usage and does not carry any legal consequences. THE result is that the second appeal must be dismissed with costs.