SARABAI Vs. RABIABAI

JUDGEMENT

(1.) The plaintiff, who is a Mahomedan lady named Sarabai, was formerly the wife of the deceased Haji Adam Haji Sidick, a Cutchi Memon Mussulman, and now brings this suit against the estate for maintenance and residence as his widow. By an amendment of the plaint she has also put forward an alternative claim based upon the will of the deceased Adam. The defendants are a widow and daughter of Adam and the executors appointed by this will. They resist the claim on the ground that the plaintiff was validly divorced by Adam according to Mahomedan Law. Upon this point the plaintiff's case is that she has no knowledge of any such divorce and that if in fact she was divorced, then the divorce is invalid under Mahomedan Law.

(2.) The following are the issues on which the parties went to trial:- 1. Whether the plaintiff was validly divorced by the deceased? 2. If so, whether she is entitled to maintenance and/or residence and/or any right under the will ?

(3.) If she is entitled to maintenance and/or residance what provision should be made therefor?