SMT. CHHUNI DEVI versus SMT. BIMLA

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Chhuni Devi v. Smt. Bimla - RSA-1302-1999 [2006] RD-P&H 3880 (8 July 2006)

RSA No. 1302 of 1999 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA No. 1302 of 1999

Date of Decision:7.7.2006

Smt. Chhuni Devi ....Appellant

Versus

Smt. Bimla ....Respondent

Coram: Hon'ble Mr. Justice Hemant Gupta.

Present: Shri Neeraj Sharma, Advocate, for the appellant.

JUDGMENT

The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, wherein it has been held that the plaintiff and the defendant inherit the estate of Rajinder in equal shares.

The plaintiff is mother of deceased Rajinder, who died on 19.6.1989, whereas the defendant is the wife of said Rajinder married to him on 6.5.1989. It is the case of the plaintiff that since the defendant has re-married after the death of her husband, therefore, she is not entitled to inherit the estate of her husband. It has been held by the Courts below that Section 4 of the Hindu Succession Act, 1956 has an overriding effect and, therefore, she is entitled to succeed to the estate of her deceased husband.

It may be noticed that Hindu Widows Remarriage Act, 1856 stands specifically repealed vide Central Act No. 24 of 1983. Therefore, the defendant has been rightly held to be entitled to inherit the estate of her deceased husband.

RSA No. 1302 of 1999 (2)

No substantial question of law arises for consideration. Hence, the present appeal is dismissed.

7.7.2006 (Hemant Gupta)

ds Judge

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