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Velluvakandi Kunhi Pathumma Vs. Ponnankki Moosan Mammad - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in13Ind.Cas.300
AppellantVelluvakandi Kunhi Pathumma
RespondentPonnankki Moosan Mammad
Excerpt:
muhammadan law - moplahs following marumakatayam system--moplah wife claiming maintenance under muhammadan law bound to live with her husband, if so required, notwithstanding marumakatayam custom to the contrary. - 1. the judge has found that the usual practice amongst the moplahs of north malabar following the marumakathayam, law is for a married woman to live in her tarwad house, though there are many instances where the wife goes to live with her husband in his own house, but he holds that as the wife's right to maintenance is derived by her from the muharnmadan law she must take it subject to the obligation under that law to live with the husband in his own house if he requires her to do so. we agree in this view. besides, the custom of living in the tarwad house cannot be said to be anything more than a social usage and does not carry any legal consequences. the result is that the second appeal must be dismissed with costs.
Judgment:

1. The Judge has found that the usual practice amongst the Moplahs of North Malabar following the Marumakathayam, law is for a married woman to live in her tarwad house, though there are many instances where the wife goes to live with her husband in his own house, but he holds that as the wife's right to maintenance is derived by her from the Muharnmadan law she must take it subject to the obligation under that law to live with the husband in his own house if he requires her to do so. We agree in this view. Besides, the custom of living in the tarwad house cannot be said to be anything more than a social usage and does not carry any legal consequences. The result is that the second appeal must be dismissed with costs.


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