S.B.MAJMUDAR, UMESH C.BANERJEE, M.SRINIVASAN
Velamuri Venkata Sivaprasad – Appellant
Versus
Kothuri Venkateswarlu – Respondent
JUDGMENT
Banerjee, J. -Two specific questions arise for determination in this appeal by the grant of special leave against a Bench decision of the Andhra Pradesh High Court: Firstly, whether re-marriage of a widow prior to Hindu Succession Act, 1956 would divest her of even the limited ownership of her deceased husband’s property, having due regard to the provisions of Section 2 of Hindu Widow’s Re-marriage Act, 1856 (hereinafter referred to as ‘the Act of 1856’); and secondly, whether disqualification of inheritance, if any, by reason of re-marriage would stand obliterated by reason of the provisions of the Madras Hindu (Bigamy Prevention and Divorce) Act, 1949.
2. The factual score in the Appeal presently before us reveals that one Rosaiah was the owner of a large extent of properties. He died in February, 1937 leaving behind him his wife Lakshmamma and mother Venkayamma. Rosaiah executed a will on 11th January, 1937, wherein he bequeathed all his properties to his mother Venkayamma. Apart from providing some maintenance, Rosaiah did not provide anything else to his wife Lakhmamma. As a matter of fact in the will he stated that his wife Lakshmamma was not obedient to him a
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