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1949 Supreme(Bom) 65

CHAGLA, GAJENDRAGADKAR, DIXIT
Gajanan Yeshwant Kale – Appellant
Versus
Pandurang Govind Chithade – Respondent


Advocates:
K.N. Dharap - for Appellant. P.S. Joshi - for Respondent.

Judgement

GAJENDRAGADKAR, J. :- The first question referred to the Full Bench is : "Whether property inherited by a woman from her parents is saudajika or non-saudajika stridhana ?" This question assumes that such property is stridhana, and the point which it seeks to raise is whether it is such stridhana as would be within the absolute dominion of the woman who inherits it, so that she can dispose of is in any manner she likes, either by an act inter vivos or by will.

2. The development of Hindu law on the question of womans right over her property bears eloquent testimony to the fact that Hindu law was never static and rigid, but was always elastic and progressive. It never rested itself blindly on ancient Sutra or Smriti texts, bat took cognisance of Dew customs and beliefs growing in Hindu society and made changes and adjustments in its provisions from time to time so as to bring them in line with the social conscience of the community. For this purpose, the Hindu commentators pressed into service all their ingenuity and relied on several rules of interpretation so as to justify their wider interpretation of the ancient texts to which they owed allegiance.

3. The word "stridhana"


















































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