• Home
  • About Us
  • Terms and Conditions
  • Privacy Policy
  • Share Your Story
  • Advertise With Us
  • Contact Us
Voice For Men
ads
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
Voice For Men
No Result
View All Result
Home IN THE LAW HIGH COURT

READ ORDER | Widow Loses Right In Property Inherited From Previous Husband On Valid Remarriage

Team VFMI by Team VFMI
July 2, 2021
in HIGH COURT, IN THE LAW
0
mensdayout.com
READ ORDER | Widow Loses Right In Property Inherited From Previous Husband On Valid Remarriage

READ ORDER | Widow Loses Right In Property Inherited From Previous Husband On Valid Remarriage

380
VIEWS

The Chhattisgarh High Court recently dealt with the right of a widow on property of her previous husband after her re-marriage. The high court observed that a widow loses her right in the property inherited from her previous husband and that the same cannot be said to be established unless strictly proved under the statutory requirements.

A single judge bench comprising of Justice Sanjay K Agrawal said,

The effect of the valid remarriage is the widow losing her right in the property inherited from the previous husband. Therefore, where remarriage is set up as defence, it has to be strictly proved looking to devastating consequence to be befallen upon widow in shape of depriving her right to property.

Adding further, the bench noted,

The effect of remarriage would be, widow loses her right in the property inherited from her husband and unless the fact of remarriage is strictly proved after observing the ceremonies required as per Section 6 of the Act of the Hindu Widows Remarriage Act 1856, the fact of remarriage cannot be said to be established by which the right to property, which is a constitutional right, is lost that too by widow.

Case:

The development came in a second appeal concerning a suit property wherein one Ghasi (one of the sons) had died in the year 1942 leaving behind a widowed wife and a daughter, reported Livelaw.

According to the plaintiff, since the widowed wife had entered into second marriage in 1954-55, she ceases to have any interest in the suit property as she did not become the full owner of the suit property by virtue of Section 14(1) of the Hindu Succession Act, 1956.

Therefore it was argued that neither the widowed wife nor the daughter have any right and title over the property suit and as such, they be restrained from interfering with the possession of the plaintiff and the plaintiff be declared to be the title holder.

Trial Court

The Trial Court had while appreciating the oral and documentary evidences on record decreed the suit by holding that the widow had already entered into second marriage in 1954-55 and as such, she would only be entitled for 5 khandi of land for maintenance.

In appeal, the first appellate Court allowed the appeal of the daughter and held that in the light of Section 14(1) of the Hindu Succession Act, 1956 the widow had become full owner of the suit property on coming into force of the Hindu Succession Act, 1956 and therefore the plaintiff is not entitled for any decree and set aside the judgment and decree of the trial court.

Chhattisgarh High Court

Looking at the facts of the case, the Court observed that the widowed wife remained in physical position of the suit land even after coming into force of the Hindu Succession Act, 1956 and her limited right, if any, has ripened into absolute title by virtue of Section 14(1) of the Hindu Succession Act, 1956.

Analysing the relevant provisions on the subject, the Court was of the view that:

It is quite vivid that under Section 14(1) of the Act of 1956, to get attracted, the property must be possessed by the female Hindu on coming into force of the Act of 1956. The object of this provision is firstly, to remove the disability of a female to acquire and hold property as an absolute owner and secondly, to convert any estate already held by woman on the date of commencement of the Act as a limited owner, into an absolute estate.

Relying on Section 2 of the Hindu Widows’ Remarriage Act, 1856 which provides for the Rights of widow in deceased husband’s property to cease on her remarriage, the Court observed,

Thus, according to Section 6 of the Act of 1856, in case of remarriage, all the formalities for marriage are required to be proved. Section 6 of the Act contemplates the performance of almost the same ceremonies, which are required in the case of the marriage of Hindu female. In order to prove the remarriage, performance of all the ceremonies will have to be done in her remarriage. There can be no valid marriage in any form without a substantial performance of the requisite religious ceremonies. The performance of ceremonies, therefore, is necessary for the completion of the marriage.

Observing that the first appellate Court was absolutely justified in dismissing the appeal filed, the High Court held thus:

Therefore, the finding recorded by the first appellate Court that the suit property fell in the share of Ghasi and after death of Ghasi, defendant No.1 remained in physical possession of the suit land and by virtue of Section 3(2) of the Hindu Women’s Rights to Property Act, 1937, defendant No.1 Kiya Bai became the limited owner of the property during her lifetime till the coming into force of the Act of 1956 and after coming into force of the Act of 1956, she became the absolute of the suit property, is correct finding of fact based on the evidence available on record, it is neither perverse nor contrary to the record.

Loknath-v.-Shribachahh-Kumar-Bhoi-OrsDownload

MUST WATCH

Interview | Importance of Making a WILL for Men fighting Divorce

ALSO READ –

Bombay High Court Stays Eviction Of Son From Mother’s Flat; Also Stays Maintenance To Widow

In-Laws Beat Up Husband & His Widow Mother; Man Alleges Threats By Police & Women Cell To Withdraw Case

Son and wife get 2-years rigorous imprisonment for ill-treating elderly widow mother

Supreme Court Orders Brother-in-Law To Pay Monthly Maintenance To Widow Wife & Child

Join us on our Telegram, Facebook Group & Koo App

Join our Facebook Group or follow us on social media by clicking on the icons below

Donate to Voice For Men India

Blogging about Equal Rights for Men or writing about Gender Biased Laws is often looked upon as controversial, as many 'perceive' it Anti-Women. Due to this grey area - where we demand Equality in the true sense for all genders - most brands distance themselves from advertising on a portal like ours.

We, therefore, look forward to your support as donors who understand our work and are willing to partner in this endeavour to spread this cause. Do support our work to counter one sided gender biased narratives in the media.

Donate Now (80G Eligible)

To make an instant donation, click on the "Donate Now" button above. For information regarding donation via Bank Transfer, click here.

Follow Us

Tags: Chhattisgarhchhattisgarh high courthigh court judgementsin the lawwidow remarriage
Team VFMI

Team VFMI

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Support Us To Spread The Cause
  • Trending
  • Comments
  • Latest
mensdayout.com

Husband Sends Wife To NZ On Study Visa By Paying Rs 21 Lakhs | Wife Blocks His Mobile After Reaching

October 2, 2019
mensdayout.com

Humans Of Bombay Post One-Sided Sob Story By Wife; Here’s What Brother Of Deceased Husband Has To Say

June 8, 2020
mensdayout.com

Bengaluru Woman Alleged Assault | Zomato Delivery Man Shares His Side Of Story

March 11, 2021
mensdayout.com

Daughter Takes Mum On Her Honeymoon; Months Later Mother Is Pregnant With Son-In-Law

January 20, 2020
mensdayout.com

Accountant Left 24-Page Suicide Note Alleging Harassment And Infidelity By Wife

23
mensdayout.com

ASCI Upholds Complaint | CARS24 Sexist Ad To Be Modified Or Withdrawn By June 17

16
mensdayout.com

“I Curse Myself For Getting My Son Married As Per Indian Laws”: Story Of A Senior Citizen Father

15
mensdayout.com

Greta Thunberg – Zero Solutions – Nominated For Nobel Prize | Boyan Slat – Ocean Cleanup Project Goes Unnoticed

12
voiceformenindia.com

Wife Beats Me & My Old Father, Gives Threats Of Police Complaints, Has Extra-Marital Affair: Husbands Approach Jansunwai In Prayagraj Seeking Help

June 27, 2022
voiceformenindia.com

Domestic Abuse Of Men | Pune Court Orders 78-Year-Old Wife To Pay Interim Maintenance To 83-Year-Old Husband

June 27, 2022
voiceformenindia.com

Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family

June 25, 2022
voiceformenindia.com

Shared Parenting | Bickering Among Couples Affects Kids Tremendously & Unhappy Childhood Is Dangerous: Former Calcutta High Court Judge

June 25, 2022

Follow Us

Recent News

voiceformenindia.com

Wife Beats Me & My Old Father, Gives Threats Of Police Complaints, Has Extra-Marital Affair: Husbands Approach Jansunwai In Prayagraj Seeking Help

June 27, 2022
voiceformenindia.com

Domestic Abuse Of Men | Pune Court Orders 78-Year-Old Wife To Pay Interim Maintenance To 83-Year-Old Husband

June 27, 2022
voiceformenindia.com

Egypt Gets First Association To Defend Rights Of Men & Children To Preserve The Entity Of Family

June 25, 2022
voiceformenindia.com

Shared Parenting | Bickering Among Couples Affects Kids Tremendously & Unhappy Childhood Is Dangerous: Former Calcutta High Court Judge

June 25, 2022

Subscribe To Our Newsletter

    Subscribe to our mailing list to receive monthly updates in your inbox!

    Voice For Men

    Voice For Men India publishes articles about Men's Rights, Gender Biased Laws, Impact on Children of Separated Parents & His Story. Do check out the "Other Side.

    Follow Us

    Browse by Category

    • 498A CASES
    • ADULTERY
    • ALIMONY
    • ALLEGED FALSE RAPE
    • BLOGS
    • CRIME HAS NO GENDER
    • DOMESTIC VIOLENCE
    • GENDER STORIES
    • HIGH COURT
    • HIS STORY
    • IMPACT ON CHILDREN
    • IN THE LAW
    • IN THE NEWS
    • IN THE SOCIAL
    • MURDER
    • NON TIER-I CITIES
    • OTHER COURTS
    • SPEAK UP MEN
    • SUCCESS STORY
    • SUICIDE
    • SUPREME COURT
    • Uncategorized

    Recent News

    voiceformenindia.com

    Wife Beats Me & My Old Father, Gives Threats Of Police Complaints, Has Extra-Marital Affair: Husbands Approach Jansunwai In Prayagraj Seeking Help

    June 27, 2022
    voiceformenindia.com

    Domestic Abuse Of Men | Pune Court Orders 78-Year-Old Wife To Pay Interim Maintenance To 83-Year-Old Husband

    June 27, 2022
    • Home
    • About Us
    • Terms and Conditions
    • Privacy Policy
    • Share Your Story
    • Advertise With Us
    • Contact Us

    © 2019 Voice For Men India

    No Result
    View All Result
    • HOME
    • IN THE NEWS
      • ALLEGED FALSE RAPE
      • 498A CASES
      • MURDER
      • SUICIDE
      • IMPACT ON CHILDREN
      • CRIME HAS NO GENDER
      • ADULTERY
      • ALIMONY
      • DOMESTIC VIOLENCE
    • IN THE LAW
      • HIGH COURT
      • SUPREME COURT
      • OTHER COURTS
    • IN THE SOCIAL
      • GENDER STORIES
      • BLOGS
    • HIS STORY
      • SPEAK UP MEN
      • SUCCESS STORY
    • NON TIER-I CITIES
    • Donate To Us (80G Eligible)
    • वौइस् फॉर मेंन हिंदी

    © 2019 Voice For Men India