Smt. Ram Piari vs Board Of Revenue, U.P., Allahabad And ... on 18 July, 1972
In my opinion the learned Member was not justified in doing so. He was clearly bound by the law laid down by this Court and he should have accepted it with grace.
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Mohan Lal And Ors. vs Mst. Bhudevi And Ors. on 17 March, 1954
Smt. Indrapati vs Deputy Director Of Consolidation And ... on 17 October, 1979
In Mohan Lal v. Mst. Bhudevi (AIR 1954 All 588) it has been held that a Hindu widow loses a widow's estate in her first husband's estate only if the marriage can be said to have been validly performed by reason of the enabling provision of the Hindu Widow's Remarriage Act. If independently of the Act, there is a custom that the widow can remarry, Section 2 of the Act does not apply. It has been further held that the provisions of Hindu Law relating to chastity of a Hindu widow after her husband's death do not necessarily apply to remarriage. By reason of unchastity a Hindu widow does not cease to continue to be a Hindu widow, while by re-marriage she ceases to be such. If there is a custom recognising re-marriage it cannot be said that a widow-re-marrying in accordance with such custom was leading a life of unchastity.
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