The Madras Marumakkattayam Act, 1932 Complete Act - Bare Act

An Act to define and amend in certain respects the Law relating to marriage, guardianship, intestate succession, family management and partition applicable to persons governed by the Marumakkattayam Law of inheritance.

Whereas it is expedient to define and amend in certain respects the law relating to marriage, guardianship, intestate succession, family management and partition applicable to persons governed by the Marumakkattayam Law of inheritance.

And Whereas the previous sanction of the Governor-General has been obtained to the passing of this Act; It is hereby enacted as follows; -

(1) This Act may be called the Madras Marumakkattayam Act, 1932.

(2) It shall apply-

(a) to all Hindus in the Presidency of Madras who are governed by the Marumakkattayam Law of inheritance;

(b) to all Hindus outside the said Presidency governed by the said law, in respect of properties within it; and

(c) to all Hindu males whether governed by the said law or not, who have contracted or may contract marital alliances with Hindu females governed by the said law.

The Malabar Marriage Act, 1896, in so far as it is applicable to Hindus following the Marumakkattayam law of inheritance is hereby repealed.

In this Act, unless there is anything repugnant in the subject or context-

(a) 'anandravan' means any member of a tarwad other than the karanavan;

Omitted by Act 26 of 1958 (b) [xxx]

(c) 'karanavan' means the oldest male member of a tarwad or tavazhi, as the case may be, in whom the right to management of its properties vests or, in the absence of a male member, the oldest female member or where by custom or family usage the right to such management vests in the oldest female member, such female member;

(d) 'major' means a person who has attained 18 years of age:

(e)'marumakkattayam' means the system of inheritance in which descent is traced in the female line but does not include the system of inheritance known as the Aliyasantana;

(f) 'marumakkattayi' means a person governed by the marumakkattayam law of inheritance;

(g) 'minor' means a person who has not attained 18 years of age;

(h) 'prescribed' means prescribed by rules made under this Act;

(i) 'tarwad' means the group of person forming a joint family with community of properly governed by the Marumakkattayam law of inheritance;

(j) i. 'tavazhi' used in relation to a female means the group of persons consisting of that female, her children and all her descendants in the female line; and

ii. 'tavazhi' used in relation to a male means the tavazhi of the mother of that male.

(1) Save as provided in Section 5, the conjugal union of a marumakkattayi female with-

(i) a male belonging to the same community as such female, or

(ii) a male not belonging to such community and whether a marumakkattyi or not,

shall be deemed for all purposes to be a legal marriage if-

(a) the parties to the union are not related to each other in such degree of consanguinity or affinity that conjugal union between them is prohibited by any custom or usage of the community to which they belong or either of them belongs; and

(b) the union-

(i) was openly solemnised in accordance with the customary ceremonies, if any, prevailing in the community to which the parties belong or either of them belongs, before the date on which this Act comes into force. [ x x x ] or

(ii) is so solemnised in accordane with such ceremonies on or after the date on which this Act comes into force and, where either or both the parties are minors, with the consent of the guardian or guardians of such minor or minors; or

(iii) Madras Act IV of 1896.--was registered as a marriage under the Malabar Marriage Act, 1896 before the date on which this Act comes into force Omitted by Act 32 of 1947 [ x x x ]

(2) A conjugal union between minors or between a minor and major which would otherwise be a valid marriage under sub-section (1) shall not be deemed to be invalid merely on the ground that the consent of guardians or guardian of such minors or minor was not obtained to the union.

(3) Notice of every marriage centracted on or after the date on which this, Act comes into force shall be given by such person, to such authority in such form and within such time as may be prescribed. Failure to give notice shall be punishable with fine which may extend to fifty rupees but such failure shall not invalidate the marriage or affect the legal rights of the parties to, or the issue of such marriage.

(1) During the continuance of a prior marriage which is valid under Section 4, any marriage contracted by either of the parties thereto on or after the date on which this Act comes into force shall be void.

(2) on or after the said date, any marriage contracted by a male with a marumakkathayi female, during the continuance of a prior marriage of such male, shall be void, notwithstanding that his personal law permits of polygamy.

A marriage valid under Section 4 may be dissolved- Inserted by Act 32 of 1947 [on or after the date on which this Act comes into force.]

(a) by a registered instrument of dissolution executed by the parties thereto: or

(b) by an order of dissolution as hereinafter provided;

Provided that if either or both the parties is or are minors, the marriage shall not be dissolved until after the party has become a major or both the parties have become majors, as the case may be.

Inserted by Act 32 of 1947 [Nothing contained in this section shall be deemed to invalidate any dissolution of the marriage effected before the day on which this Act comes into force, in accordance with the custom prevailing in the community to which the parties belong or either of them belongs.]

Inserted by Act 32 of 1947 [The dissolution of a marriage which is valid under section 4, whether by death or otherwise and whether before or after the commencement of this Act, shall not affect in any way the legal status or rights under this Act of the children of such marriage or of their descendants.]

(1) A husband or wife may present a petition for dissolution of marriage:

(i) If the place where the marriage was contracted or the respondent has a permanent dwelling or actually or voluntarily resides or carries on business or personally works for gain, at the time the petition is presented, is situated within the local limits of the jurisdiction of the Court of a District Munsiff, in such Court;

(ii) If such place is not situated within the local limits of the jurisdiction of the Court of any District Munsiff, in the Court of the Subordinate Judge or if there is no such Court, in the Court of the District Judge, within the local limits of whose jurisdiction such place is situated; and

(iii) If such place is situated within the local limits for the time being of the ordinary original civil jurisdiction of the High Court of Madras, in the Madras City Civil Court.

(2) The petition shall specify the place where and the date on which the marriage was contracted and if the respondent was a minor at the time of the marriage, the name and address of the guardian, if any, with whose consent the marriage was contracted.

A Copy of such petition shall be served at the expense of the petitioner on the respondent.

On the motion of the petitioner made not earlier than six months after the service of the copy as aforesaid, if the petition is not withdrawn in the meantime the Court shall, on being satisfied after such enquiry as it thinks fit that a marriage which is valid under Section 4 was contracted between the parties, by order in writing declare the marriage dissolved. The dissolution shall take effect from the date of such order.

The provisions in the Code of Civil Procedure, 1908 shall so far as may be, apply to petitions under this chapter.

Inserted by Act 26 of 1958 [Where in any proceeding under this Chapter it appears to the Court that either the wife or the husband as the case may be, has no independent income, sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable.

(1) Any Court exercising jurisdiction under this Chapter may on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum of such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant and the conduct of the parties, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

(2) If the Court is satisfied that there is a change in the circumstances of either parry at any time after it has made an order under sub-section (1), it may, at the instance of their party, vary, modify or rescind any such order in such manner as the Court may deem just.

(3) If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or has been leading a life of immorality if shall rescind the order.

All orders made by the Court, in any proceeding under Section 10-A or Section 10-B shall be enforced in like manner as a decree of the Court made in the exercise of the original civil jurisdiction is enforced and may be appealed from under any law for the time being in force;

Provided that there shall be no appeal on the subject of costs only.]

No Court shall entertain a suit for restitution of conjugal rights between the parties to a marriage valid under Section 4.

Nothing contained in this chapter shall apply to the marriage of any Nambudiri woman following the Marumakkattayam law of inheritance.

(1) The wife and minor children other than married minor daughters under the guardianship of their husband, shall be entitled to be maintained by the husband or the father, as the case may be;

Provided that the wife shall not be entitled to maintenance from the husband if she refuses to live with him without just cause.

(2) Nothing contained in sub-section (1) shall affect the right of any person to maintenance from his or her tarwad or tavazhi properties.

(3) In awarding maintenance under sub-section (1) the Court shall have due regard to the means and circumstances of the person against and by whom maintenance is clvamed and to the reasonable wants of the person claiming maintenance.

The husband shall be the guardian of his minor wife in respect of her person and property and, subject to the provisions of section 15, the father shall be the guardian of his minor, children, other than married minor daughters under the guardianship of their husbands in respect of their person and property;

Provided that such guardianship shall not extend to the right and interest of the wife or children in respect of their tarwad or tavazhi properties;

Omitted by Act 26 of 1958 [xxx]

The mother shall be the guardian of the person and property of her minor children if their father is dead or the marriage of their parents is dissolved.

Nothing contained in Sections 14 and 15,shall be deemed to affect the operation of the Guardians and Wards Act, 1890.

A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect.

On the death intestate of a marumakkattayi male, his property, which is self-acquired or separate, shall devolve in the order and according to the rules contained in sections 19, 20, 21, 22, 23 and 24.

Where the intestate has left surviving him a child or children, or a lineal descendant or descendants in the female line through a deceased daughter or daughters, or both, and also his mother or widow or widows or both his mother and a widow or widows, the whole of the property shall belong to them. In the absence of the mother and widow, the whole of the property shall belong to the child or children and such lineal descendant or descendants, and in the absence of the mother, widow and child, the whole of the property shall belong to such lineal descendant or descendants.

The distribution of the property among the heirs referred to in section 19 shall be made in accordance with the following rules:-

(i) the widow or, if there is more than one widow, each of the widows, shall be entitled to a share equal to that of a child.

(ii) the mother shall be entitled to a share equal to that of a child.

(iii) Every child (son or daughter) shall be entitled to an equal share;

Provided that if a daughter has pre-deceased the intestate the lineal descendants of such daughter in the female line, shall be entitled to the share which such daughter would have taken had she survived the intestate.

(iv) Grand-children by a deceased daughter shall be entitled in equal shares to what their mother would have taken had she survived the intestate. Provided that if a grand-daughter has pre-deceased the intestate, the lineal descendants or such grand-daughter in the female line, shall be entitled to the share which such grand-daughter would have taken had she survived the intestate.

(v) In like manner the property shall go to the surviving lineal descendants of the intestate in the female line where such descendants are in the degree of great grand-children or in a more remote degree.

Explanation I:- The descendants of a daughter, daughter's daughter or other female descendant in the female line, shall not be entitled to any share in such property if the daughter, daughter's daughter or other descendant is alive at the time of the death of the intestate.

Explanation II.--The descendants of a son who has predeceased the intestate shall not be entitled to any share in such property.

Where the intestate has not left surviving him any child or lineal descendant in the female line through a deceased daughter but has left his mother and a widow or widows, one-half of the property shall devolve on his mother and the other half on his widow or widows in equal shares. In the absence of a widow, the whole of the Property shall belong to the mother.

Where the intestate has not left surviving him his mother or any or child lineal descendant in the female line through a deceased daughter but has left a widow or widows and his mother's tavazhi, one-half of the property shall devolve on his widow or widows and the other half on his mother's tavazhi. In the absence of the mother's thavazhi, the whole of the property shall belong to the widow or widows and in the absence of a widow, the whole of the property shall belong to the mother's tavazhi.

Where the intestate has not left surviving him any of the heirs mentioned in sections 19, 21 and 22 but has left his father and his maternal grand-mother's tavazhi, one-half of the property shall devolve on his father and the other half on his maternal grand mother's tavazhi. In the absence of the maternal grand-mother's tavazhi, the whole of the property shall belong to the father and in the absence of the father, the whole of the property shall belong to the maternal grand-mother's tavazhi.

Where the intestate has not left surviving him any of the heirs mentioned in sections 19, 21, 22, and 23, the property shall devolve on the tavazhi of his mother's maternal grand-mother or on the tavazhi of a more remote female ascendant in the female line, the nearer excluding the more remote.

On the death intestate of a marumakkattayi female, her property which is self-acquired or separate shall devolve in the order and according to the rules contained in Sections 26, 27, 28 and 29.

Where the intestate has left surviving, her children or lineal descendants in the female line through deceased daughters, or both, the whole of the property shall belong to them.

The provisions of clauses (III), (iv), and (v) of Sections 20 and of Explanations 1 and II to that section shall apply to the distribution of the property among the children and lineal descendants of the intestate.

Where the intestate has not left surviving her any child or lineal descendant in the female line through a deceased daughter, the whole of the property shall devolve on her mother's tavazhi.

Where the intestate has not left surviving her any of the heirs mentioned in Sections 26 and 27 but has left her husband and her maternal grand-mother's tavazhi, one-half of the property shall devolve on her husband and the other half of her maternal grand-mother's tavazhi. In the absence of the maternal grand-mother's tavazhi, the whole of the property shall belong to the husband, and in the absence of the husband, the whole of the property shall belong to the maternal grand-mother's tavazhi.

Where the intestate has not left surviving her any of the heirs mentioned in Sections 26, 27 and 28, the property shall devolve on the tavazhi of her mother's maternal grand-mother or on the tavazhi of a more remote female ascendant in the female line, the nearer excluding the more remote.

(1) On the death intestate of a male not being a marumakkattayi

(i) Who-

(a) has, before the date on which this Act comes into force, contracted a marriage with a marumakkattayi female which is valid under Section 4; or

(b) has contracted on or alter such date a marriage with a marumakkattayi female which is valid under that Section; and

(ii) Who has left surviving him by such marriage or marriages one or more of the following relations, namely:-

(a) a widow or widows,

(b) children,

(c) lineal descendants in the female line through deceased daughters.

such relations shall be entitled, if the intestate has also left relations who are heirs according to the personal law by which he is governed, to one-half of his property which is separate or self-acquired and if the intestate has left no such heirs to the whole of such property:

Provided that the reasonable funeral expenses of the intestate shall first be deducted from such separate or self-acquired property.

(2) The property devolving on the relations referred to in such-clauses (a), (b), and (c) of Clause (ii) of sub-section (1) shall be distributed among them in accordance with the rules contained in clauses (i). (iii). (iv) and (v) of Section 20 and Explanations I and II to that section.

(1) The senior major male member among the children and other lineal descendants through deceased daughters of the intestate or in the absence of any such male member the widow, or if there is more than one widow the senior among such widows, shall be entitled to possession and management of the property referred to in Sections 19, 21, 22 and 26 until division is effected.

(2) In the case of property referred to in Section 30, if the intestate has left relations who are heirs according to the personal law by which he is governed, such heirs shall be entitled to possession and management of the property until division is effected;

(3) The karanavan of the tavazhi mentioned in Sections 23, 24, 27, 28 and 29 shall be entitled to possession and management of Ihe property referred to therein until division is effected.

Renumbered by Act 26 of 1958 (1) [The karnavan shall keep true and correct accounts of the income and expenditure of the tarwad. The accounts of each year shall be available for inspection at the tarwad house by the major anandravans once in a year throughout the month of kanni following such year and any such anandravan may take copies of or extracts from such accounts.

Inserted by ibid (2) If the accounts are not made available for inspection as provided for in sub-section (1), the Munsiffs Court having jurisdiction over the place where the tarwad house is situated may on application by any major anandravan, and after notice to the karanvan pass an order causing the accounts to be produced in court and allowing the anandravan to inspect, or to take copies of, or extracts from, such accounts. Such order of the Court shall be enforced in like manner as the orders of the Court made in the exercise of its original civil jurisdiction are enforced and may be appealed from under any law for the time being in force].

Substituted by ibid [(1) No sale or mortgage of any immovable property of a tarwad and no lease of any such property shall be valid, unless it is executed by the Karanavan for consideration, for tarwad necessity or benefit, and with the written consent of the majority of the major members of the tarwad.

(2) Nothing contained in sub-section (1) shall be deemed to affect the validity of any mortgage or lease executed before the commencement of the Madras Marumakkattayam (Amendment) Act, 1958, in accordance with the law in force at the time of such execution]

Substituted by Act 26 of 1958 [No debt contracted or other transaction not failing under Section 33 entered into by a karanavan shall bind the tarwad unless the debt is contracted or the transaction is entered into for consideration and for tarwad necessity or benefit].

Inserted by ibid [The burden of proving tarwad necessity or benefit shall be on the purchaser, mortgage, pledge, or other alliance, or creditor, as the case may be. But the Court may presume such necessity where the majority of the major members of the tarwad are parties to or have given their written consent to the transaction.]

Every member of a tarwad, whether living in the tarwad house or not, shall be entitled to maintenance consistant with the income and the circumstances of the tarwad.

Any karanavan may by a registered document give up his rights as karanavan.

The provisions of this chapter shall apply to every tavazhi possessing separate properties as if it were a tarwad.

Substituted by Act 26 of 1958 [Any member of a tarwad or tavazhi may claim to take his or her share of all the properties of the tarwad or tavazhi over which the tarwad or tavazhi has power of disposal and separate from the tarwad or tavazhi.

Explanation 1.--Nothing in this section shall be a bar for two or more members belonging to the same tarwad or tavazhi claiming their shares of the properties and enjoying the same jointly with all the incidents of tarwad property.

Explanation 2.--The member or members who claim partition under this Section or the member who claims or is compelled to take his or her share under Section 39 shall be entitled to such share or shares of the tarwad or tavazhi properties as would fall to such member or members. If a division Per Capita were made among the members of the tarwad or tavazhi then living.

Explanation 3.--The provisions of this section shall apply to a tarwad notwithstanding the fact that immediately before the commencement of the Madras Marumakkattayam (Amendment) Act, 1958, the tarwad was included in the Schedule or that the tarwad had been registered as impartible

Explanation 4.--The provisions of this section shall apply to all suits for partition, appeals and other proceedings arising therefrom filed or proceeded with by members or their legal representatives and pending in the Courts immediately before the commencement of the Madras Marumakkattyam (Amendment) Act, 1958 and such suits, appeals and other proceeding shall be disposed of in accordance with the provisions of this section as if this section were in force at the time of the institution of such suits, appeals or other proceedings]

Substituted by of Act 26 of 1958 [Any member of a tarwad or tavazhi who has changed his or her religion may claim or be compelled by any other member of the tarwad or tavazhi, to take his or her share of all the tarwad or tavazhi properties over which the tarwad or tavazhi has power of disposal and separate from the tarwad or tavazhi.]

Ss. 40 & 41 omitted by Act 26 of 1958; Chapter VII (Ss. 42 to 47) and the schedule omitted by ibid [xxx] Ss. 40-47

Where a person bequeaths or makes a gift of any property to, or purchases any property in the name of, his wife alone or his wife and one or more of his children by such wife together, such properties shall unless a contrary intention appears from the will or deed of gift or purchase or from the conduct of the parties, be taken as tavazhi property by the wife, her sons and daughters by such person and the lineal descendants of such daughters in the female line;

Provided that in the event of partition of the property taking place under Chapter VI, the property shall be divided on the stirpital principle, the wife being entitled to a share equal to that of a son or daughter.

(1) The local Government may make rules consistent with this Act to carry into effect the purposes thereof.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for.

Omitted by ibid [ x x x ]

(a) all matters expressly required or allowed by this Act to be prescribed;

Omitted by Act 32 of 1947 [x x x]

(3) All rules made under this Section shall be published in the Fort St. George Gazette and on such publication shall have effect as if enacted in this Act.

Nothing contained in this Act shall-

Omitted by Act 32 of 1947 [xxx]

(a) be deemed to confer any rights on the parties to or the issue of any marriage which is dissolved before this Act comes into force, or

(b) be deemed to affect any rule or Marumakkattayam law, custom or usage, except to the extent expressly laid down in this Act.