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Mailathi Anni Vs. Subbaraya Mudaliar

Mailathi Anni vs Subbaraya Mudaliar

Type Court Judgment Court Chennai Decided Apr 25, 1901
~1 min read
https://sooperkanoon.com/case/784024

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Citation
Court
Chennai
Judge
Decided On
Subject
Family

Case Summary

AI-generated summary - not the official court judgment text.

Hindu Law - Migration by widow of a subject of French India to British India--Acquisition of domicile in British India--Character of her widow's estate. -

Key legal issue
Family

Parties & Advocates

Appellant / Petitioner

Mailathi Anni

Respondent

Subbaraya Mudaliar

Legal References

Reported In
(1901)ILR24Mad650

Excerpt

hindu law - migration by widow of a subject of french india to british india--acquisition of domicile in british india--character of her widow's estate. - 1. the evidence of the expert witness must be accepted as putting it beyond doubt that, according to the french law prevailing in french territory, the testatrix, on the death of her husband, became by inheritance absolute owner of his property. but it is said that by her migration to british territory and acquisition of a british indian domicile, the character of her estate was changed and that her rights were henceforth no other than that of a widow according to the hindu law administered by our court.2. it is impossible, in our opinion, to hold that the change of domicile assuming that there was any change, which is disputed could have any such effect. it is not suggested that she adopted the system of law prevalent in this part of british india.3. we dismiss this appeal with costs.

Full Judgment

1. The evidence of the expert witness must be accepted as putting it beyond doubt that, according to the French law prevailing in French territory, the testatrix, on the death of her husband, became by inheritance absolute owner of his property. But it is said that by her migration to British territory and acquisition of a British Indian domicile, the character of her estate was changed and that her rights were henceforth no other than that of a widow according to the Hindu law administered by our Court.

2. It is impossible, in our opinion, to hold that the change of domicile assuming that there was any change, which is disputed could have any such effect. It is not suggested that she adopted the system of law prevalent in this part of British India.

3. We dismiss this appeal with costs.

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