Harries, J - (1.)This is an application by the respondent husband in Matrimonial Suit No. 13 of 1935, for an order varying certain settlements in favour of his wife. The present applicant, Mr. Woodward, was i married to the opposite party on 16 March 1924. On 27 September 1927, Mr. Woodward took out three policies of insurance upon his life for Rs. 2000 each. By the terms of these policies, the sums were to be paid to the policy-holder on 15 September 1947, or, if the assured died before that date, the sums were to be paid upon proof of death, to the opposite party. On 31 January 1936, the opposite party obtained a decree nisi against the applicant, and on 7 August 1936 this decree was made absolute. The divorce proceedings were conducted in this Court; and it is clear that the wife obtained, her divorce upon the grounds of adultery and cruelty. Permanent alimony at the rate of Rs. 70 per mensem was awarded to the opposite party, but the custody of the two children of marriage, namely two boys, was given to the father, the present applicant.
(2.)The present application is made under Section 40, Divorce Act, and it is contended that, now that the marriage has been dissolved, it is only just and equitable that the wife should be deprived of any interest which she might have under these three policies of insurance. Mr. Chiene, who has appeared on behalf of the applicant, has stated before me that the main object of the applicant is to benefit his two infant children and that what he really wants is that the names of these two infant children should be substituted in two policies instead of the name of the wife, and that the husband should only have the absolute right in one of the policies. Mr. Saila Nath Mukerji, on behalf of the opposite party, Mrs. Woodward, has contended in the first place that these policies do not amount to post-nuptial settlements, or to settlements at all, and that in any event this is not a case in which a Court should make any order varying the settlements, if such they be.
(3.)Seotion 40, Divorce Act, is in these terms: The High Court, after a decree absolute for dissolution of marriage...may enquire into the existence of the ante nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree and may make such orders with reference to the application of the whole or any portion of the property settled whether for the benefit of the husband, or the wife, or of the children (if any) of the marriage, or of both children and parents as to the Court seems fit. Provided that the Court shall not make any order for the benefit of the parents or either of thorn at the expense of the children.