The court establishes the interpretation of widowhood in polyandrous marriage and its implications under the Hindu Women's Right to Property Act and Hindu Widows Remarriage Act.

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 Hindu Women's Right to Property, Act, 1937. Though there is a plea that defendants 1 and 2 were not conducting themselves as husbands of the plaintiff after some years of the marriage, that of course is not very seriously persued and therefore it can be taken for the purpose of the appeal that she continues to be the wife of defendants 1 and 2. Her claim as the widow to succeed to the joint family interests of Karuppan is opposed by defendants 1 and 2, who contend that she is not a widow within the meaning of Hindu Women's Right to Property Act, as in spite of the death of Karuppan, she continues to be the wife of defendants 1 and 2.

3. S.3 of the Hindu Women's Right to Property Act 18/1937 as amended by Act 11/1938 is relevant for the purpose of this appeal and I will extract the Section here.

(1) When a Hindu governed by the Dayabhaga school of Hindu law dies intestate leaving any property, and when a Hindu governed by any other school of Hindu law or by customary law dies intestate leaving separate property, his widow or if there is more than one widow all his widows together, shall, subject to the provisions of sub section (3), be entitled in respect of property in respect of which he dies intestate to the same share as a son:

Provided that the widow of a predeceased son shall inherit in like, manner as a son if there is no son surviving of such predeceased son, and shall inherit in like manner as a son's son if there is surviving a son or son's son of such predeceased son:

Provided further that the same provision shall apply mutatis mutandis to the widow of a predeceased son of a predeceased son.

(2) When a Hindu governed by any school of Hindu law other than the Dayabhaga school or by customary law dies having at the time of his death an interest in a Hindu joint family property, his widow shall, subject to the provisions of subsection (3), have in the property, the same interest as he himself had.

(3) Any interest devolving on a Hindu widow under the provisions of this section shall be the limitted interest known as a Hindu woman's estate, provided however that she shall have the same right of claiming partition to a male owner.

(4) The provisions of this section shall not apply to an estate which by a customary or other rule of succession or by the terms of the grant applicable thereto descends to a single heir or to any property to which the Indian Succession Act 1925 applies"

It is Sub-Section 2 which applies to the case as it is the interest in Hindu joint family property that is said to have devolved on the plaintiff. The right under that sub-section is given to the 'widow'. The term widow is not defined in the Act, It is necessary to refer to the provisions of the Hindu Widows Remarriage Act 15/1856 also. S.1 of that Act provides that:

"No marriag