SURJIT KAUR versus GARJA SINGH AND ORS.

SURJIT KAUR versus GARJA SINGH AND ORS.

No custom or ceremony essential for valid marriage was pleaded or proved by Surjit Kaur, and mere cohabitation does not amount to lawful marriage; thus, appellant was not the wife/widow of Gulaba Singh and not entitled to succession.

Parties
Appellant: Surjit Kaur; Respondents: Garja Singh and others
Jurisdiction
India
Judgment Date
27 October 1993
Procedural Posture
Civil Appeal No. 221 of 1991 / Supreme Court Decision on Appeal From Punjab and Haryana High Court in R.s.a. No. 1560/1978
Outcome
Appeal dismissed
Legal Topics
Hindu Marriage, Inheritance, Customary Marriage, Widow's Remarriage, Validity of Will
Family Law Property Law Hindu Marriage Inheritance Customary Marriage Widow's Remarriage Validity of Will

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Parties

Surjit Kaur

Appellant

Garja Singh and others

Respondents

Procedural Posture

Civil Appeal No. 221 of 1991 / Supreme Court Decision on Appeal From Punjab and Haryana High Court in R.s.a. No. 1560/1978

Legal Issues

  1. 1 Whether Surjit Kaur was the legally wedded wife of Gulaba Singh under Hindu Marriage Act and customary law
  2. 2 Whether the will in favour of the respondents was valid
  3. 3 Entitlement to succession of Gulaba Singh’s estate

Ratio Decidendi

No custom or ceremony essential for valid marriage was pleaded or proved by Surjit Kaur, and mere cohabitation does not amount to lawful marriage; thus, appellant was not the wife/widow of Gulaba Singh and not entitled to succession.

Court Disposition

Appeal dismissed

Orders

  • No interference with High Court’s judgment
  • No order as to costs