Sayarbai v. Ayodhyabai And Ors.

1. This is a second appeal by the defendant who lost in both the Courts below. Smt. Ayodhyabai (R-1) and Smt. Kamlabai (R-2) mother and daughter had filed this suit for declaration of the title and perpetual injunction in respect of agricultural land. As per plaint Smt. Ayodhyabai (R-1) had been the married wife of Daryaosingh while Smt. Kamlabai (R-2) is his daughter. The suit land was owned by late Daryaosingh. Smt. Sayarbai (the appellant) had claimed that late Daryaosingh had re-married her during the life-time of his earlier married wife Smt. Ayodhyabai (R-1) and, thus, being a co-widow, she could claim 1/2 share in the suit land. Certainly, a woman who marries a man who is already married after advent of Hindu Marriage Act, 1955 does acquire any right of inheritance. Such marriage in view of Section 5 is wholly void and, clearly such a wife is not a wife at all, she does not acquire such status and does not acquire any right of inheritance also. As such, the Courts below have not erred in decreeing the claim of the married wife and daughter. The learned Advocate for the appellant has relied upon Smt. Bhangdi v. Smt. Ditli, 2004 (2) MPHT 8 wherein a Single Judge of this Court had held that a co-widow may get 1/2 share in the suit house even during life-time of the earlier married wife. However, in that case it was not clear whether such re-marriage had taken place after 1955 i.e, after the advent of Hindu Marriage; Act, 1955, which applied the rule of monogamy among Hindus restrictly. Present being a case of second marriage during the life-time of first wife after advent of Hindu Marriage Act, 1955. The appellant had no case. Certainly, no substantial question of law arises in this case. The appeal is dismissed.