SADA KAUR versus BAKHTAWAR SINGH AND ORS.

SADA KAUR versus BAKHTAWAR SINGH AND ORS.

No special custom was proved to exist among Dhaliwal Jats of Muktsar Tehsil allowing widow to retain her deceased husband's estate upon remarriage with his brother; entries in riwaj-i-am and Rattigan's Digest of Customary Law confirm that the widow forfeits her right, and the appellant failed to rebut the presumption created by the riwaj-i-am.

Parties
Appellant: Sada Kaur; Respondent: Bakhtawar Singh; Respondent: Jit Singh; Respondent: Chand Singh
Jurisdiction
India
Judgment Date
24 July 1980
Procedural Posture
Civil Appeal / Appeal From Full Bench Decision of Punjab and Haryana High Court
Outcome
Appeal dismissed
Legal Topics
Widow Succession, Remarriage, Customary Succession Rights, Conflict Between Local Custom and General Custom
Family Law Customary Law Widow Succession Remarriage Customary Succession Rights Conflict Between Local Custom and General Custom

Case Brief

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Parties

Sada Kaur

Appellant

Bakhtawar Singh

Respondent

Jit Singh

Respondent

Chand Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Bench Decision of Punjab and Haryana High Court

Legal Issues

  1. 1 Whether a widow among Dhaliwal Jats of Muktsar Tehsil forfeits her life interest in her deceased husband's estate on remarriage with his brother under custom
  2. 2 Whether there exists a special custom allowing widow to retain estate upon such remarriage

Ratio Decidendi

No special custom was proved to exist among Dhaliwal Jats of Muktsar Tehsil allowing widow to retain her deceased husband's estate upon remarriage with his brother; entries in riwaj-i-am and Rattigan's Digest of Customary Law confirm that the widow forfeits her right, and the appellant failed to rebut the presumption created by the riwaj-i-am.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without any order as to costs.