vyAvASEAA-DARPANA 333 II. Srimatí Mandodari I)ebí, the eldest of the two widows of Tilak Rám Pākrási a Hindu native of Bengal, filed a bill against his son, praying that defendant “may set forth a full, true, and perfect account of the property of which the said Tilak Râm died possssed, and that he may be compelled by a decree to pay to the oratrix a maintenance proportioned to the same.” - At the first hearing, it was referred to the Master to enquire and ascertain what would be a proper and suitable maintenance (the circumstances of the parties complainant and defendant being duly adverted to and considered) to be made to Srimats Mandodari Debi, as one and the eldest of the widows of Tilak Rám Pákrási deceased. - The Master by his report, after reciting that he had been attended by the solicitors on both sides and by the pandits of this court learned in the Hindu law, found Sa. Rs. 280 per month to be a proper and suitable allowance to the said Srimati Mandodari Debí (the estate of the said parties being adverted to) as well for her own maintenance and support as to enable her to defray the expences incumbent on her to disburse on account of gifts to her own relations in indigent circumstances, presents to her spiritual teacher, gifts to virtuous Bráhmanas, and to officiating priests, charity to the poor, sums necessary for the religious ceremonics requisite according to the Hindus to be performed daily for the benefit of her late husband's soul and her own, as well as for religious bequests, for the reception of guests, for servants' wages, and for pilgrimages to the holy places. The cause came on for further directions, whereupon and upon reading on the part of the complainant the aforesaid report of the Master, and upon hearing the counsel for the complainant, no one appearing for the defendant, the court decreed and declared: “that the complainant Srimati Mandodari Debi is entitled to an annuity of Sa. Rs. 280 per month from the day of the death of her husband Tilak Rám Pákrási, and therefore it is ordered and deerced that the defendant Joy Nārāyan Pākrási do forthwith pay to the complainant the sum of Sa. Rs. 15,120, being the amount of such annuity accrued and grown due from the day of the death of her husband to the sixth day of this present month of March, being four years and six months. And it is further ordered and decreed that the said defendant do also forthwith pay into the hands of the Accountant General of this court a sum of money sufficient to raise an annuity equal to the payment of the surn of Sa. Rs. 280 per month from the day of the date of this decree, and that the Accountant General do lay out such sum of money in the purchase of Co.'s paper the interest thereof to be paid to the complainant Srimati Mandodari Debi during her life time, and from and immediately after her decease, the said principal sum and the saourity or securities in which the same shall be then vested, shall revert to and be paid and made over to dile said defendant Joy Nārāyan IPākrásá, and that the said defendant be at liberty to make such application to this court on the death of the complainant as he may find necessary. And it is further ordered and deereed that an injunction do issue out of and under the seal of this court to restrain the said defendant from selling or otherwise disposing of the ostates real and personal which were of, and belonging to, the said Tilak Rám Pákrási, until the above mentioned sum of Sa. Rs. 15,120 and the aforesaid annuity are both fully provided for.” 餐 The above decree having proved ineffectual, Mandodari Debi again filed her bill praying that the lands of Tilak Rám Pákräsi be sold to satisfy her demand. The bill was taken pro confesso, and upon the hearing exparte, 8th July 1802, the Master was directed to take an account of so much of the lands and heridits of Tilak Râmn Pākráss as should be sufficient to satisfy the decree of 23rd March 1801, and to sell the same and pay the proceeds to the Accountant General. In September 1801, the younger widow, Koushalyā Debi filed her bill against her own son Joy Nārāyan Pākrási. This bill was taken pro confesso. The suit of Koushalyā Debi was heard on the 14th July 1801, exparte, whom it was declared and ordered: That the said complainant Koushalyā Debi is well:
- It is thus evident that a maintenance, if not voluntarily yeilded, may be enforced by law, and I conceive it will follow that widows having a right to maintenance, may restrain the representatives of their husbands from wasting, or mak
ing away with, their estates or at least compel the possessors under such circumstances, to give security for the duo payment of a suitable maintenance. Con. H. L. p. 62. ● - F 4
