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Report No. 81

2.8. Construction of section 2 as confined to limited estate.-

Several High Courts1 have taken the view that section 2 of the Act of 1856 has no application to an absolute estate. Further, it has been held2 that once a widow succeeds to the property and acquires an absolute right under the Act of 1956, she cannot be divested of that right on her re-marriage.

1. (a) Ram Piari v. Board of Revenue, AIR 1972 All 492;

(b) Pandurang Narayan v. Sindhu, AIR 1971 Born 413 (415), para. 10;

(c) Sasanka Bhowmick v. Amiya, (1973) 78 CWN 1011 (1020);

(d) Sankaribala v. Asita Barani, AIR 1977 Cal 289 (292);

(e) Lakshmi Ammal v. Thangavel Asari, AIR 1957 Mad 534;

(f) Jagdish Mah ton v. Mohammad Elahi, AIR 1973 Pat 170;

(g) Bhuri Bai v. Champi Bai, AIR 1968 Raj 139.

2. Jagdish Mahton v. Mohammad Elahi, AIR 1973 Pat 170 (DB).

Hindu Widows Re-marriage Act, 1856 Back

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