A petition was filed by A N Amrut Kumar, resident of Challakere town in Chitradurga district in Karnataka High Court with regard to property matter after remarriage or death.
The High Court dismisses the petition and stated view that a Hindu widow can’t be divested of the property of deceased husband or a second marriage.
In the instant case where Amrut and his widowed stepmother A N Vanita were parties to a civil suit with regard to partition and separate possession of its property. Son here in the instant case filed an application in the court after his mother remarried by stating the fact that after father's death his stepmother can't claim a share in family property. But the application was rejected by the court on November 22, 2018.
Aggrieved Amrut challenged the verdict of High Court and alleged that his application for adjudication of rights of properties under the decree must not have been rejected and cost of rupees 5,000 shouldn't have been imposed on him.
He also contended that his mother had contracted to enter in the second marriage after his father's death and hence there should be fresh adjudication regarding her share.
It was mentioned in order by justice Krishna Dixit dismissing the claim that, “If unchastity or remarriage of a Hindu is not a ground to divest the property vested in her and it is not a valid reason just to take away property from Hindu widow only because she has contacted a second marriage especially when the constitution of India and its gender equality.
A widow becomes the full owner of the share in her husband’s property that may devolve on her by succession under the present section. Her remarriage, which would evidently be after the share is vested in her on her husband’s death, would not divest her of such a share.
Courtesy/By: Renu Kathale
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25 Jun 2019
