Snehal Upadhyay-
High Court of Chhattisgarh held that if a widow remarries and it is valid, she loses her right to claim the property which was inherited by her from her previous husband.
This observation was made by Justice Sanjay K Agrawal,
“Unless the fact of remarriage is strictly proved after observing the ceremonies required as per Section 6 of the Hindu Widows Remarriage Act 1856, the fact of remarriage cannot be said to be established by which the Right to Property, which is a constitutional right, is lost that too by a widow”.
This observation was made by the Court while hearing a case about a suit property wherein a person died in 1942, leaving his wife and a daughter.
The plaintiff stated that the widowed wife remarried in 1954-55 hence, she cannot be a full owner of the suit property concerning Section 14(1) of the Hindu Succession Act, 1956.
Therefore, the plaintiff argues that neither the wife nor the daughter could have the right to the suit property and, hence the plaintiff should have possession of the suit property.
When the case came to the purview of the Trial Court, the wife was entitled to 5 Khandi of land for maintenance, keeping in mind that she was remarried.
The case was then appealed in the Appellate Court where it was held that concerning Section 14(1) of the Hindu Succession Act, 1956, the widow is entitled with the possession of the suit property, but also mentioned Section 2 of the Hindu Widows Remarriage Act, 1856, which ceases her right to claim the property because she has a valid remarriage.
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