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    Nawab Khwaja Muhammad Khan

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    The document summarizes a 1910 court case from India between Nawab Khwaja Muhammad Khan and Nawab Husaini Begam. A marriage contract was signed in 1877 between Husaini Begum's father and Khwaja Muhammad Khan for the marriage of his son to Husaini Begum. The contract stipulated that Muhammad Khan would pay Rs. 500 per month to Husaini Begum after the marriage. When Muhammad Khan stopped payments in 1893 after Husaini Begum left her marital home, she sued to enforce the contract. The High Court ruled in her favor, finding that as the beneficiary of the contract, she was entitled to legal action even though not a direct party to the contract

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    Nawab Khwaja Muhammad Khan

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    The document summarizes a 1910 court case from India between Nawab Khwaja Muhammad Khan and Nawab Husaini Begam. A marriage contract was signed in 1877 between Husaini Begum's father and Khwaja Muhammad Khan for the marriage of his son to Husaini Begum. The contract stipulated that Muhammad Khan would pay Rs. 500 per month to Husaini Begum after the marriage. When Muhammad Khan stopped payments in 1893 after Husaini Begum left her marital home, she sued to enforce the contract. The High Court ruled in her favor, finding that as the beneficiary of the contract, she was entitled to legal action even though not a direct party to the contract

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    The document summarizes a 1910 court case from India between Nawab Khwaja Muhammad Khan and Nawab Husaini Begam. A marriage contract was signed in 1877 between Husaini Begum's father and Khwaja Muhammad Khan for the marriage of his son to Husaini Begum. The contract stipulated that Muhammad Khan would pay Rs. 500 per month to Husaini Begum after the marriage. When Muhammad Khan stopped payments in 1893 after Husaini Begum left her marital home, she sued to enforce the contract. The High Court ruled in her favor, finding that as the beneficiary of the contract, she was entitled to legal action even though not a direct party to the contract

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    637 views2 pages

    Nawab Khwaja Muhammad Khan

    Uploaded by

    ATHENAS
    The document summarizes a 1910 court case from India between Nawab Khwaja Muhammad Khan and Nawab Husaini Begam. A marriage contract was signed in 1877 between Husaini Begum's father and Khwaja Muhammad Khan for the marriage of his son to Husaini Begum. The contract stipulated that Muhammad Khan would pay Rs. 500 per month to Husaini Begum after the marriage. When Muhammad Khan stopped payments in 1893 after Husaini Begum left her marital home, she sued to enforce the contract. The High Court ruled in her favor, finding that as the beneficiary of the contract, she was entitled to legal action even though not a direct party to the contract

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Sakshi, Banaras Hindu University.

    Nawab Khwaja Muhammad Khan


    Vs.
    Nawab Husaini Begam
    Equivalent citations: 1910 SCC OnLine PC 15: (1909-10) 14 CWN 865 : (1909-10) 37 IA
    152 : (1910) 7 All LJ 871.

    Privy Council
    Bench: Lord Macnaghten, Lord Collins, Sir Arthur Wilson and Mr. Ameer Ali. JJ

    PETITIONER:
    Nawab Khwaja Muhammad Khan

    vs

    Nawab Husaini Begam.

    DATE OF JUDGMENT- 07 June 1910

    FACTS OF THE CASE.


    Khwaja Muhammad Khan entered into a contract on 25th October 1877 with the father of
    Husaini Begum for the marriage of his son and the plaintiff. The contract expressed that after
    the marriage, the defendant would pay rupees 500 per month on perpetuity bases as kharch-i-
    padan, out of specific properties mentioned in the contract. The marriage took place on 2nd
    November 1877 however because both Rustam Ali and Husaini Begum were minors hence to
    which plaintiff was welcomed in her matrimonial home in 1883 and the couple lived together
    till 1893 after which due to various differences plaintiff left her matrimonial home and started
    residing at her pre-nuptial home. And during this time the defendant discontinued the
    payment of rupees 500 as agreed earlier. The suit was bought in this respect, the subordinate
    judge provided the decision in favour of Khwaja Muhammad Kha but the subsequent appeal
    was made to the High Court where the decision of the subordinate court was reversed and the
    court pronounced the decision in favour of Husaini begum. Hence this appeal.

    ISSUES OF THE CASE


    Whether the plaintiff is legally entitled to bring legal action against the defendant as she is
    not the party to the contract?

    HOLDING
     The court held that the contract involved here created a charge on the immovable property and
    designated the plaintiff as the sole beneficiary under it, thus even if she is not a party to the
    contract she is qualified to proceed with the legal actions for enforcement of her claim.
    Additionally, the charge created by the defendant which tied him to make regular payments, and
    the contract which was executed did not provide any reference to the condition that such payment
    would be rendered only if she resides with her husband at her matrimonial home. The only time
    provided in the agreement was regarding the commencement of payments. Therefore, the court
    gave a decision in favour of the plaintiff.
    RATIONALE
    Kharch-i-pandan, which literally means " betel-box expenses," is a personal allowance, as
    their Lordships understand, to the wife customary among Mahomedan families of rank,
    especially in upper India, fixed either before or after the marriage, and varying according to
    the means and position of the parties. Although there is some analogy between this allowance
    and the pin-money in the English system, it appears to stand on a different legal footing,
    arising from difference in social institutions. 

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