Shyja v. Janu
Case brief
What is this about?
In a partition suit, the Kerala High Court dismissed an appeal by the wife arguing that pending salary dues credited into her account as nominee were her exclusive consortium. The court held the money formed part of the deceased estate governable by the Hindu Succession Act, ensuring equal shares for the mother and other heirs.
What did the court decide?
The appeal was dismissed and the preliminary decree in O.S. No. 67 of 2009 was maintained.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
RFA.No.818 OF 2011
AGAINST THE ORDER/JUDGMENT IN OS 67/2009 OF SUB COURT, KOYILANDY
APPELLANTS/DEFENDANTS 1 TO 3:
- 1 SHYJA, D/O.RAJAN, AGED 30 YEARS,'OLLACHERY', MANIYUR AMSOM DESOM, KOYILANDY TALUK.
- 2 ADWAIT S/O.SURESHAN AGED 9 YEARS (MINOR), 'OLLACHERY', MANIYUR AMSOM DESOM,, KOYILANDY TALUK.(REP.BY MOTHER AND GUARDIAN 1ST, APPELLANT).
- 3 UNNIMAYA D/O.SURESHAN AGED 6 YEARS (MINOR) 'OLLACHERY', MANIYUR AMSOM DESOM,, KOYILANDY TALUK.(REP.BY MOTHER AND GUARDIAN 1ST, APPELLANT).
BY ADV. SRI.SUNIL V.MOHAMMED
Issues for consideration
2 issues framed by the court
Whether the pending salary and dues of the deceased Hindu, credited into the wife's bank account as nominee, are exclusive to the wife or part of the estate shareable by the mother.
Whether the term 'consortium' intended by the employer restricts the movable property credit to the wife alone under the Hindu Succession Act.
Parties & counsel
- appellant
Shyja
- appellant
Adwait
- appellant
Unnimaya
- respondent
Janu
- respondent
Canara Bankrepresentated By Manager
- respondent
Case details
As recorded by the court registry
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