NURUNNESSA KHANUM Vs. KHAJA MUHAMMAD SAKRU

JUDGEMENT

(1.) This is a suit for dower by a Mohamedan lady of rank against her husband s brother. The husband died on the 13th April 1913, leaving her and his brother his legal heir. The claim is based upon a Kabinnama said to have been executed on the 27th July 1907, when the lady was a minor. The dower settled was Rs. 15,000, one-half payable on demand and the other half on dissolution of marriage. She attained majority in January 1913, that is, about three months before the death of her husband. That there was a Kabinnama was disputed by the defendants and it was also said that she bad verbally relinquished her claim for dower after the death of her husband and thus released the estate from liability. The learned Subordinate Judge has held the first point in the plaintiff s favour, and as regards the second point the discusses the evidence and says that although there are minor discrepancies, he is inclined to believe that the plaintiff released the dower" when her husband s dead body was being removed.

(2.) It was argued on behalf of the plaintiff that even if it be so held, effect ought not to be given to any words of release she might have used, as she was then overwhelmed with grief and could not have made a relinquishment of her free-will that there was evidence that her mother and sister urged her at that time to make such a remission and that such release, if any, ought not to be considered as valid and binding upon her. The learned Subordinate Judge "did not think there was any force in this argument, as the plaintiff knew that it was her sacred duty to make her late husband free from liabilities to her, and she released her dower voluntarily although her sister and mother might have reminded her of her duty at that time, when it was the duty of every near relation to bid good-bye to the departs 3 soul and wish him a safe voyage to his place of rest." This issue having been held in the defendant s favour and her suit dismissed, she has preferred this appeal.

(3.) It is an admitted fact in the case that "the plaintiff and her late husband had very great love for each other, and that she became overwhelmed with grief for his untimely death" (paragraph 7, written statement). What happened at the time the dead body was taken away is described by the defendant s witness Saliman Bibi in this way: "There was great noise there on account of crying. At the time of seeing the dead man s face, Nurunnessa s mother and sister held her and took her there. They took her there near the dead body to show her his face. The face was shown while they stood in front of the door of the hall. They were within the hall when they saw the face. Even when she was looking at the face, Nurunnessa (the plaintiff) was crying loudly.... Nurunnessa said this when she forgave I have relinquished my claim to Rs. 10,000 as dower, May God also pardon you .... The dead body was taken away as soon as the face was shown." Another witness Mahabatjan said The ladies were in the hall; they saw the face; the plaintiff was amongst the ladies;.... She began to weep very much; her mother and her sister requested her not to weep but to do her duty then and forgive the Moharana. She then gave up her Moharana saving: I have forgiven my Moharana, may God also forgive you. She said this while she was weeping,.... The plaintiff was weeping very much at the time of seeing the face...when she came to see the dead body her mother or sister took her there by holding her arm; her arm was being held when she gave up the claim." Khaja Enaet Hossein said: "The plaintiff then saw the face and wept aloud; her elder sister then told her to give up the Moharana; the plaintiff while weeping said I have forgiven my Moharana, God will also. The dead body was then taken out " Khaja Fakirulla said: The plaintiff was brought to the front of the door frame by her mother, her elder sister, Musa Miah s mother and my sister Lutifunnessa Bibi. The plaintiff was weeping then; she was overwhelmed with grief. The plaintiff s mother said something to her and her sister too said something."