In the present case, the Bombay High Court Justice S.M.Modak give his opinion on the issue of whether a Hindu remarried widow can claim her share in the deceased husband’s property?
 

Facts of the case:

The deceased was working as a pointsman with Indian Railways. He was married to the defendant. Deceased was expired on 19th April, 1991. The deceased has a dispute with his defendant (wife) and the defendant was staying away from the deceased. After the death of the deceased, Defendant remarried. Plaintiff (mother of the deceased) claimed dues from the Indian Railway and also informed the remarriage of the defendant. As the plaintiff could not find favour from the employer, she filed a civil suit. The Trial Court decreed the suit in favour of the plaintiff. On appeal, the First Appellate Court recognised the share of the defendant and directed Indian Railways to disburse the amount to the plaintiff (mother) and defendant (wife).

Submission of the plaintiff:           

Plaintiff has submitted that after the re-marriage, the defendant loses all her rights in the property of the deceased.

Contention of the defendant:

Defendant has contended that the Hindu Widow’s re-marriage Act, 1856 was repealed in the year 1983 and even Section 24 is omitted from the Hindu Succession Act, 1956 w.e.f. 9th September, 2005.

Court’s reasoning and Judgement:

The High Court held that if the widow has not re-married when the succession opens, the disqualification under Section 24 of the Act of 1956 will not be applicable. Admittedly, the defendant re-married in May, 1991 (i.e. after the opening of succession on 19th April, 1991). Hence, the contention of the plaintiff so as to disqualify the defendant cannot be accepted. The plaintiff and defendant being class 1st heirs are entitled to get an equal share in the property of the deceased. As contemplated under Section 10 of the Act of 1956, the widow (Rule 1) and the mother (Rule 2) of the intestate take one share each. So both are entitled to get 50% from the property of the deceased. The Appeal is disposed of.

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