Supreme Court of India · 2008-02-15
Cherotte Sugathan (Died Through Lrã†S) ... vs Cherotte Bharathi & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 1467
- Court
- Supreme Court of India
- Petitioner
- Cherotte Sugathan (Died Through Lrã†S) ...
- 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 involving properties bequeathed by Sri Pervakutty. The Court held that the first respondent, having remarried, ceased to have rights in the properties inherited from her deceased husband, Sukumaran, as per Section 2 of the 1856 Act. The High Court's decision to remand the case for further examination of the will's validity was upheld, affirming the need to determine the will's legitimacy before resolving the partition claims.