Widow - Re - Marriage ....?

.... Widow - Re-Marriage............ Effect....?

                                  

- If Hindu widow remarrying after death of her husband without any partition of her share in the property inherited by her after death of husband , she will not get any right in joint family property of her deceased husband and brother.

- But Hindu widow prior to re-marriage filed suit for partition and separate possession of her share which she entitled after death of her husband  , such suit is decreed or prior to re-marriage her share was separated by a partition between members of family then after re-marriage by widow share acquired by her can not be divested to her previous family. But she be come exclusive separate owner of the same property.

- Hindu Widows Remarriage Act 1856 allow the widow to re- marriage after death of her husband. Prior to the said act re marriage is prohibited.

- Relevant Provision - - - - - -

- Old uncodified Hindu Law in respect of widows remarriage.

- Hindu Widows Remarriage Act 1856.

= = = Relevant Judgement = = = =

- Ram Swaroop and Anr v/s Mahindru and Ors 2004 SAR 207.

- Velamuri Venkata Sivaprasad (dead) by Lrs v/s Kothuri Venkateswarlu (dead) by Lrs & Ors A.I.R.2000 S.C.139 = 2000 SAR 102.

- Sitbai Narayan Rakshe @ Sitabai Gangaram Shete v/s Hari Laxman Rakshe and another 2012 Mh.L.J.678.

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