( 1 ) ONE Sri Ramlal held a decree against Sri Brij Bhushan Saran. Mittal, The decree-holder put his decree into execution after the death of the said Brij Bhushan Saran Mittal and sought to attach the money due under a life insurance policy which Brij Bhushan Saran Mittal had taken out on 28-2-1944 from the Indian Mercantile Insurance Company Ltd.

( 2 ) BRIJ Bhushan Saran Mittals wife, Smt. Shanti Devi, made an application for the release of the insurance policy money which had been attached, upon the ground that she had been nominated by Brij Bhushan Saran Mittal to receive the policy money in the event of the death of Brij bhushan Saran Mittal, the insured. The objection of Smt. Shanti Devi was dismissed by the learned executing court which held that Section 6 (1) of the Married Womens Property Act (Act iii of 1874) did not apply to Hindus. It also held that Section 39 of the Insurance Act was clear that where the insured had nominated his wife to receive payment of the money after his death, Section 6 of the Married Womens property Act did not come into play. It also held that mere nomination did not create any interest in favour of the nominee and held that the