ABHIRAMAVALLI AMMAL Vs. OFFICIAL TRUSTEE OF MADRAS

JUDGEMENT

(1.) This is an application to show cause why the Official Trustee of Madras be not directed as Trustee of the petitioner herein to recover on her behalf of the amount due under Policy No. 6033 of R. Srinivasa Aiyar, deceased, effected with the United India Life Assurance Company and to pay the same to the petitioner. The petitioner, Abhiramavalli Ammal, is the widow of R. Srinivasa Aiyar who was the Head Master of Saint Antony's Secondary School, Negapatam. The petition is opposed by his two brothers. The late Mr. Srinivasa Aiyar insured his life for a sum of Rs. 1,000 with the United India Life Assurance Company, Madras. The policy so far as is material is as follows: This policy...witnesseth that in consideration of the payment already made to the company...as stated in the subjoined schedule...the company doth hereby agree that, upon proof satisfactory to the directors of the happening of the event or events on which the sum assured is to become payable as described in the said schedule and the title of the person or persons who may be entitled to receive the same, it will pay the sum stated in such schedule as the sum assured to such person or persons.

(2.) The schedule to the policy stated inter alia the following particulars under the following headings:

(3.) The petitioner's right to recover the amount is based on Section 6, Married Women's Property Act, 1874, which runs as follows: A policy of insurance effected by any married man on his own life, and expressed on the face of it to be for the benefit of his wife and children, or any of them, shall enure and be deemed to be a trust for the benefit of his wife, or of his wife and children or any of them, according to the interest so expressed, and shall not, so long as any object of the trust remains, be subject to the control of the husband, or to its creditors or form part of his estate.