The validity of a marriage between a divorced woman and a remote relation of her former husband, and the succession to stridhan property acquired by a widow by mechanical arts, are governed by the customary law of Manipur.

This is an application for review under O. 47, R. 1, Civil P.C. against the judgment of this Court dated 31-3-1955 passed in Civil First Appeal No. 4 of 1955 on the ground that there is an error apparent on the face of the record.

2. It appears that Puyam Liklai Singh, petitioner had brought Suit No. 2 of 1954 in the Court of the District Judge, Manipur for a declaration that he was entitled to the properties specified in the plaint as heir to Srimati Ibeton , Devi, and it was further prayed that if Puyam Liklai Singh was not found to be in possession should also be allowed to him. Moiranthem Maipak Singh had secured mutation in his name on the properties in question in Misc. Case No. 547 of 1953/54 and it was alleged that this order was legally inoperative as against the plaintiff who was the father of the late Ibeton Devi.

An injunction was also prayed for against the defendants restraining them from interfering with the plaintiffs possession over the lands and the house in question. According to the plaintiff Sm. Ibeton Devi was married to M. Chetei Singh opposite party No. 2, but that marriage was dissolved according to the Manipuri custom of khainaba and after her divorce she lived with her father (plaintiff) in the ingkhol in question. The suit was contested by the opposite party No. 1 M. Maipak Singh on the ground that Sm. Ibeton Devi was his legally married wife and the ingkhol in question was purchased, by him in her name and the houses thereon were constructed with his money.

3. The learned District Judge decreed the suit holding that it was proved and admitted that Maipak Singh had some connection with Ibeton Devi, but he could not be recognised as the lawful husband of Sm. Ibeton Devi who could legally be deemed to be only his concubine, as according to the local custom the relationship between the first husband and the wife could not toe separated even though from the legal point of view she became the wife of another. The learned District Judge has observed as follows in this connection :

"Hindu marriage cannot be dissolved, but according to local custom marriage can be dissolved, and ones wife alter separation can be taken as his wife by another. When ones wife becomes the wife of another the separation becomes absolute from the point of law only. But from social and religious point of view the relationship between the first husband and the wife cannot be separated; it is for this reason that no formal marriage ceremony can be held according to shastras in respect of one once married female."

4. Reliance has been placed on the Vyabasthapatra Ex. P-A and it was contended that as under the Merger Agreement His Highness the Maharaja of Manipur remains the religious head of the State, this document would be binding on the parties. I think the Brahmasova as a religious body could give verdict on the question whether a pinda given by the son of a remarried woman could confer spiritual benefit on his father or not. So far as the question of inheritance goes it will be determined by the local custom as remarriage of a widow is practically unknown in Hindu shastric law.

The prevailing customs in Manipur were duly recorded in the time of the former Maharaja and the affidavit now filed by the present petitioner shows that the report of the committee appointed with a view to introduce a bill in the Manipur State Legislative Assembly for enactment of a Code containing all Manipuri Customs, is before the Parliament of India for the enactment of the codification in question. As such there is no good ground for holding that the customs recorded in this report are not prevailing in Manipur State.

As the petitioner did not set up any contrary custom in the present case, I think this Court was justified in relying on the custom which was set up by opposite party 1 and which found support from the report of the committee mentioned above. According to the report of the customs prevailing in Manipur, divorce or khainaba is permissible