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july 1980

Supreme Court of India · 1980-07-24

SADA KAUR vs BAKHTAWAR SINGH AND ORS.

Citation / case number
SC 1970/60086
Court
Supreme Court of India
Petitioner
SADA KAUR
Respondent
BAKHTAWAR SINGH AND ORS.
Author
A.C. GUPTA
Bench
A.C. GUPTA

Judgment text excerpt

The Supreme Court upheld the High Court's decision that a widow marrying her deceased husband's brother forfeits her interest in her husband's estate, as per the customary law governing Dhaliwal Jats of Muktsar. The Court emphasized that local customs can vary significantly and that the entries in the riwaj-i-am, particularly Entry 47, are authoritative under Section 35 of the Evidence Act. The Court concluded that there was no special custom allowing the widow to retain her rights upon remarriage, affirming the principle that remarriage leads to forfeiture of rights in the deceased husband's estate.

SADA KAUR vs BAKHTAWAR SINGH AND ORS. · Niyam