D. A. DESAI, R. S. PATHAK, Y. V. CHANDRACHUD
Lila Gupta – Appellant
Versus
Laxmi Narain – Respondent
JUDGMENT
D. A. DESAI, J. (for himself and Chandrachud, CJI.) :— A very interesting and to some extent hitherto unexplored question under the Hindu Marriage Act, 1955, arises in this group of six appeals by certificate granted by the Allahabad High Court under Art. 133 (1) (c) of the Constitution. Appellant in all the appeals is the same person and a common question of law is raised in all these appeals and, therefore, they were heard together and are being disposed of by this common judgment.
2. One Rajendra Kumar whose widow appellant Smt. Lila Gupta claims to be, had contracted a marriage with one Sarla Gupta. Both Rajendra Kumar and Sarla Gupta filed suit against each other praying for a decree of divorce. These suits ended in a decree of divorce on April 8, 1963. Soon thereafter, on May 25, 1963, Rajendra Kumar contracted second marriage with appellant Smt. Lila Gupta. Unfortunately, Rajendra Kumar expired on May 7, 1965. Disputes arose in consolidation proceedings between the appellant claiming as widow of deceased Rajendra Kumar and respondents who are brothers and brothers sons of Rajendra Kumar about succession to the Bhumidhari rights in respect of certain plots of land enj
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