Madhya Pradesh Court December 1961 Judgments
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Smt. Premanbai W/O Channoolal Vs. Channoolal Punao
Court: Madhya Pradesh
Decided on: Dec-01-1961
Reported in: AIR1963MP57; 1962MPLJ770
Naik, J. 1. This is an appeal under Clause 10 of the LettersPatent against the judgment and decree of the Hon. Shri Justice T. C. Shrivastava, passed in Second Appeal No. 329 of 1957.2. The only question that arises for consideration in this appeal is whether the plaintiff-appellant could validly consent to a divorce by her husband in a caste panchayat held for the purpose when there was a caste custom in the community to which the parties belonged, according to which a divorce can take place by mutual consent of the spouses.3.The learned single Judge has found that the parties belonged to the community of Patwas and that, according to the caste custom of the community, a divorce was possible by the mutual consentof the spouses. It was further pointed out that although the defendant-respondent had pleaded a very wide custom permitting a divorce by mutual consent of the spouses, the defendant did not allege or prove that in the case of minors or in the case of persons who had not reache...
Ambika Prasad Bhawani Sao and anr. Vs. Shiv Shankar Dayal Choube
Court: Madhya Pradesh
Decided on: Dec-01-1961
Reported in: AIR1963MP194
Naik, J.1. The suit out of which this first appeal arises was filed by the respondent Shiv Shankar Dayal Choube against the appellants Ambika Prasad and Mst. Nanhibai, who were impleaded as defendants 5 and 4 respectively, and others. The suit was for recovery of mesne profits in respect of 81.23 acres of land in village Chikhalda, Tahsil Mungeli, District Bilaspur, for the years 1950-51 to 1953-54.2. The first three defendants have not been impleaded in this appeal; but it is necessary to refer to them to understand the facts of the case. The lands in dispute along with several villages belonged to one Raghurai who died in 1888 and was succeeded by his widow Mst. Jotkuar who died on 22-1-1942. Mst. Jotkuar executed a registered deed of gift on 27-2-1906 in favour of her daughter Mst. Jirabai and her (Mst. Jirabai's) three sons. The properties passed to several persons after the death of one or other of the heirs; but we. are not concerned with the details. When Mst. Jotkuar died in 19...
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