Supreme Court of India · 2008-02-15
Cherotte Sugathan (Died Through Lræs) & ... vs Cherotte Bharathi & Ors
- Court
- Supreme Court of India
- Petitioner
- Cherotte Sugathan (Died Through Lræs) & ...
- Respondent
- Cherotte Bharathi & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court addressed the applicability of Section 2 of the Hindu Widow's Remarriage Act, 1856, in a partition suit concerning properties bequeathed by Sri Pervakutty. The Court held that the widow's rights in her deceased husband's property ceased upon her remarriage, thus impacting her claim to a share in the property. The High Court's decision to remand the case for further examination of the Will's validity was upheld, emphasizing the need to ascertain whether the Will was valid before determining the widow's rights under the Hindu Succession Act.