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HELENA HAMINE v. NONAHAMY


Helena Hamine V. Nonahamy

1914 Present: Pereira J. and Ennis J.

HELENA HAMINE et al. v. NONAHAMY et al.

60-D. C, Colombo, 33,943.

Married woman-Locus standi in judicio-Judgment in favour of husband and wife-Joint judgment-creditor.

Under the Roman-Dutch Saw a married woman has no locus standi in judicio, but where, rightly or wrongly, a wife is brought in, as a separate party, to a case along with the husband, and judgment is entered in favour of both, she has all the rights and privileges of a joint judgment-creditor, and it is not open to the husband to enter into a compromise with the judgment-debtor or receive payments from him to her prejudice.

THE facts appear from the judgment.

A. St. V, Jayewardene (with him Canakeratne), for defendant, appellant.-A wife has no locus standi in judicio (Voet 5, 1, 14). A judgment in favour of the wife is a chose in action, and vests absolutely in the husband. The discharge granted by the husband operates as effectively against the wife as against the husband.

Arulanandam, for first plaintiff, respondent.-Our husband is in bad terms with us, and has acted collusively with the defendant to deprive us of the benefit of the

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