Rangammal Vs Venkatachari

Madras High Court 16 Mar 1896 (1896) 03 MAD CK 0010
Bench: Division Bench

Judgement Snapshot

Hon'ble Bench

Arthur J.H. Collins, C.J; Benson, J

Judgement Text

Translate:

1. We have no doubt but that the finding of the Court below on both the issues raised before it is correct, and that the legal inferences drawn

therefrom are also correct. It is urged in appeal that the appellant was materially prejudiced by the absence of an issue as to whether or not the

fraud of the appellant''s late husband was accomplished in a substantial manner. We cannot admit this plea; It was the appellant''s case that her late

husband''s acts were without consideration and were done with a view to defraud creditors. The evidence of the appellant''s own first, third and

fifth witnesses shows that he Was successful, and induced his creditors thereby to give up their claims to large sums of money. It seems to us to be

clear that the deceased could not, if now alive, come into Court and claim to have his own fraudulent acts set aside. But it is argued that the

appellant, as his widow, is in a better position, and may claim relief against the consequences of her late husband''s fraudulent transfers. We are

unable to admit that in the present case the widow is in a better position than her husband would be, if alive. It is argued that the widow has a right

to maintenance out of her husband''s property, and has, therefore, an interest therein which ipso facto gives her a right to impeach its alienation,

independently of the interest which she takes as widow and representative of the late owner. The case of Ramanadan v. Rangammal ILR 12 Mad.

260 is relied on in support of this contention. In regard to this plea, we think it enough to observe that there is no question of maintenance in the

present case. We offer no opinion as to whether a widow might successfully maintain a claim for maintenance out of property alienated by her

husband without consideration and fraudulently if she herself was no party to the fraud, but that is not the present case. Here she claims to set aside

fraudulent transactions by which her husband profited and by which she, as his representative, has also presumably benefited. This the Courts will

not assist her to accomplish. The learned Judge has gone fully into the authorities on this question and we entirely concur in the conclusions at

which be has arrived. We confirm the decree of the lower Court and dismiss this appeal with costs.

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