Widow woman cannot get property of ex-husband after remarriage: Chhattisgarh High Court


Highlights:

  • After remarriage, a widowed woman has no right over the property of her ex
  • Chhattisgarh High Court’s decision, woman can lose property right after remarriage
  • The facts of remarriage have to be proved strictly
  • A bench of Justice Sanjay Agarwal said in its order on June 28

Raipur
After the death of the husband, the wife gets the right over all his property. In such a situation, if a widow woman remarries, then she can lose her right on the husband’s property. The Chhattisgarh High Court has given a decision regarding this on June 28. The Court has also said that it cannot be said to be established unless it is strictly proved under legal procedures.

A bench of Justice Sanjay Agarwal, in its order on June 28, held that a widow after a valid remarriage would lose her right over the property inherited from her former husband. This will happen only when the fact of remarriage is rigorously proved. Justice Sanjay Aggarwal in his judgment held that as per Section 6 of the Hindu Widow Remarriage Act 1856, remarriage cannot be said to be established whereby the right to property, which is a constitutional right, is lost, that of a widow.

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Section 6 of the Hindu Widow Remarriage Act, 1856 states that all ceremonies and rites legalizing marriage shall have the same ‘legal effect’ on the widow’s remarriage. Further, section two of the Act states that the right of a widow over the property of her deceased husband upon his marriage shall cease.

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The Chhattisgarh High Court dismissed a suit filed against the widow by her husband’s cousin, who claimed that she had remarried in a local ritual, in which a man had given her bangles and therefore on family property. He had no claim. The property at the center of the dispute originally belonged to a man named Sugriva, who had four sons, Mohan, Abhiram, Govardhan and Jeevanvardhan. Mohan had no children, Govardhan had a son Loknath. Abhiram had a son, Ghasi, who died in 1942.

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The whole affair centered around Ghasi’s share of the property. It was the deceased Loknath who had moved the court, arguing that Ghasi’s widow Kiiya Bai had remarried in 1954-55 through ‘Bangle Rituals’, so she had no interest in the property. At the same time, in some sections of the Chhattisgarhi society, it was earlier a custom that if a man gives bangles to an unmarried woman or a widow, then it was considered a marriage.

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At the same time, opposing the plaintiff, Kiya Bai and her daughter filed a joint statement that the Tehsildar had recorded their names in the revenue records in 1984 as per the law and there is no illegality in it. He said that Kiya never remarried and that the civil suit should be dismissed. The trial court partially decided the suit.

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