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1873 Supreme(Cal) 44

Moneeram Kolita – Appellant
Versus
Kery Kolitany – Respondent


JUDGMENT

Mitter, J. - In this case I have already expressed my opinion at considerable length in the order of reference, and as I still adhere to that opinion, I do not think it necessary for me to do anything more than to make a few observations merely by way of supplement. It is I believe a proposition beyond all dispute, and indeed it was fairly conceded at the bar, that an unchaste widow has no right to succeed to the estate of her deceased husband, irrespective of any considerations arising from expiation or condonation. Baboo Shama Churn Sircar says, it is true (see Vyavastha Darpana, Vyavastha 663), that loss of chastity operates as a cause of disinherison in those cases only in which there has been no expiation by penance, or condonation by the husband; but the only authority which Baboo Shama Churn has been able to cite in support of his Vyavastha is the opinion of Mr. Colebrooke in the Trichinopoly case already noticed by me in the order of reference. Now, there is nothing whatever in that opinion to warrant the view taken by the Baboo. On the contrary, Mr. Colebrooke lays it down as undoubted law that an unchaste widow has no right to inherit her husband's property, witho

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