SRIMATI ISHANI DASI Vs. GOPAL CHANDRA DEY

JUDGEMENT

(1.) The only question raised by these five rules is whether a sum of Rs. 2,000, payable by the Oriental Government Security Life Assurance Company, Limited, under or by virtue of a policy of assurance on the life of one Radha Kishore De numbered 24003 is - available for the payment of the debts of Radha Kishore De. Radha Kishore De was a Hindu. He died in the month of January 1913. The opposite parties to these rules are his heirs.

(2.) Radha Kishore in his life-time effected the policy in question on his own life for the benefit of his wife and children. The policy purports to be issued under the provisions of the Married Women s Property Act, 1874. The question for our determination is, does Section 6 of the Married Women s Property Act, 1874, apply to a policy of assurance effected by a Hindu on his own life for the benefit of his wife and children? In the present case the assured has not purported to create any trust in respect of the money payable under the policy. Unless, therefore, Section 6 of the Act applies, the contract of assurance being with Radha Kishore, the right to call for payment, is vested in his representatives and forms a portion of his estate: Cleaver, v. Mutual Reserve Fund Life Association (1892) 1 Q.B. 147 : 61 L.J.Q.B. 128 : 66 L.T. 220 : 40 W.R. 230 : 56 J.P. 180. Different views have been taken in the High Courts in India as to whether Section 6 of the Act authorises a married Hindu man to effect a policy of assurance in accordance with the provisions of the section.

(3.) The High Court at Bombay in the case of Shankar v. Umabai 19 Ind. Cas. 736 : 37 B. 471 : 15 Bom. L.R. 320 take the broad view that the Act of 1874 does not apply to Hindus and, therefore, that a policy effected by a Hindu for the benefit of his wife and children is not governed by the provisions of Section 6.