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1971 Supreme(Ker) 100

P.SUBRAMONIAN POTI
KRISHNAN – Appellant
Versus
AMMALU – Respondent


Judgment :-

1. At one time polyandry was as much prevalent as polygamy in the community to which the parties to the suit belong, namely Thiyyas of South Malabar. They were no doubt, Hindus, governed by their own system regarding the marriage institution. The interesting question that has arisen in the suit concerns the widowhood of a woman who loses one of her three husbands by death. Naturally she continues as the wife of the other two. Can she be said to be the widow of the deceased husband so long as she continues to have the status of wife of the two surviving husbands? On remarriage of a widow she ceases to be one such any more. But where there is no remarriage but all the same she is a married woman by reason of the fact that she has two husbands alive could it be said that she cannot be a widow and a married woman at the same time? This question has arisen in the suit in the following way.

2. Plaintiff was married by three brothers, one Karuppan and defendants 1 and 2. She had three children born out of the union, who are defendants 3 to 5 in the suit. Succession is claimed by the plaintiff in the joint family assests of Karuppan which she claims to be entitled to under the H
















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