MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Rights of Widows Under Hindu Law Cease Upon Remarriage: Supreme Court Sets Aside High Court Judgment in Property Dispute

07 May 2024 8:19 AM

By: Admin


The Supreme Court of India, in a significant judgment, has clarified the legal position concerning the rights of widows under the Hindu Law, particularly focusing on the impact of remarriage on their property rights. The apex court, in its decision, emphasized that the rights of a widow in her deceased husband’s property cease upon remarriage, pursuant to the Hindu Widow’s Remarriage Act, 1856.

The appeal involved a property dispute originating from a suit for partition. The core issue revolved around the inheritance and title of property, particularly in the context of a widow’s remarriage and her rights to her first husband’s property. Chiruthey, having remarried after her first husband Madhavan’s death, was at the center of this legal battle. Her son from her second marriage, Chandu, claimed a share in the property, which was disputed by the defendants, the successors-in-interest of Sankaran, Chiruthey’s son from her first marriage.

Lease Agreements: The court scrutinized several lease agreements dating back to 1910. While the court deemed these transactions as unusual but valid, it underscored that Chiruthey, after her remarriage, could not confer valid title through these leases.

Remarriage Impacting Property Rights: Emphasizing on Hindu Widow’s Remarriage Act, 1856, the court observed, “All right and interest which any widow may have in her deceased husband’s property...shall upon her remarriage cease and determine as if she had then died.”

Validity of Claims: The court highlighted that post-1910, Chiruthey’s role was limited to that of a lessee, and any claim to property ownership through her, especially after her remarriage, was legally unsustainable.

Adverse Possession: Although not a focal point of this judgment, the contention of ownership by adverse possession was rejected.

Decision: The Supreme Court set aside the High Court judgment, affirming the First Appellate Court’s dismissal of the suit. It concluded that Chiruthey and, consequently, her son Chandu, had no valid claim to the property for partition.

Date of Decision: April 9, 2024

Kizhakke Vattakandiyil Madhavan (Dead) Thr. Lrs. Vs. Thiyyurkunnath Meethal Janaki and Ors.

 

Latest Legal News