Report No. 81

3.3. No termination of widow's right.-

According to judicial decisions, section 3 of the Act of 1856 does not expressly terminate the guardianship of the re-marrying widow1. It merely terminates her preferential right2. The court has a discretion in relation to the appointment of the guardian of the children, though ordinarily, the court may appoint a person other than the widow3.

Incidentally, section 3 provides for the appointment of a guardian of the person of the minor children, but not of the property.4

1. Ganga v. Jhalo, 1911 ILR 36 Cal 862.

2. Arent Kaur v. Haman! Singh, AIR 1939 Lah 125.

3. Ganga v. Jhalo, 1911 ILR 36 Cal 862 (872, 873) (Mookerjee, J.).

4. Rup Raut v. Basu Deb Raut, AIR 1962 Pat 436 (437), para. 4.