A Hindu widow in possession of property given to her for residence and maintenance is entitled to alienate the property under Section 14 of the Hindu Succession Act.

G. M. LODHA, J.

( 1 ) THIS is a defendants second appeal in a suit which was dismissed by the trial Court, but decreed by the first appellate Court.

( 2 ) SUALAL died in 1962 leaving behind two sons Gujarmal and Jiwanlal. Gujarmal died in Samvat-Year 1974 leaving behind widow Mst. Narangi.

( 3 ) MST. Narangi has sold this property to Mool Kanwar for a consideration of Rs. 600/ -.

( 4 ) THIS sale was challenged by Jiwalal and his son Inderchand on the ground that Narangi had no right of ownership in the property and she could not have sold the property to Mool Kanwar. So far as other pleas are concerned regarding the plaintiffs having a will from deceased Gujarmal and challenge to consideration or allegation that the sale deed was executed when Narangi was paralytic and was not having proper senses, both the Courts have given concurrent finding against the plaintiffs, and, therefore, it is not necessary to deal with those points as none of them has been challenged before this Court.

( 5 ) THE sole point on which the plaintiffs suit has been decreed is that Narangi widow of Gujarmal could not take advantage of Section 14 of the Hindu Succession Act, because it has not been proved that she got this property in maintenance. It was held that Hindu Womens Rights to Property Act was not in force in Jaipur State. The first appellate Court was of the view that it has not been alleged or proved that Narangi was holding the property in lieu of maintenance, and, therefore, she had any right to alienate the property.

( 6 ) I have heard the learned counsel for the parties, and I am of the opinion that this finding of the lower Court cannot be sustained. It has been held in Vaddeboyina Tulasamma v. Vaddeboyina Sesha Reddi AIR 1977 SC 1944, that a Hindu female has got a right of maintenance from her husband and this right was in existence under the basic tenets and Shastric Hindu Law.

( 7 ) HINDU concept of marriage is not contractual, but it is treated as a sacrament, a religious ceremony which results in a sacred and a holy union of man and woman by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth as a partner of her husband becoming a part and parcel of the body of the husband. A well known Hindi Maxim "ardhangni Nar Ki Nari Hai" is based on the concept that the wife shares not only life and love with the husband, but sorrows and troubles and tribulations and becomes an integral part of her husbands life and activities.

( 8 ) THEIR Lordships of the Supreme Court in para 14 have referred to Digest of Hindu Law (Vol. II) by Colebrooke, where on page 158 the wife is described as half of the body of the husband.

( 9 ) IN paras 14, 15, 16 and 17, the Honble Supreme Court has discussed the Hindu Text of Mahabharat and intentions of Manu. Para 16 reads as under:-

"colebrooke in his digest of Hindu Law, Vol. II, quotes the Mahabharat at p. 121 thus: Where females are honoured, there the deities are pleased; but where they are unhonoured, there all religious acts become fruitless. This clearly illustrates the high position which is bestowed on Hindu women by the Shastric Law. Again Colebrooke in his book Vol. II at p. 123, while describing the circumstances under which the maintenance is to be given to the wife, quotes Manu thus. Should a man have business abroad, let him assure a fit maintenance to his wife, and then reside for a time in a foreign country; since a wife, even though virtuous, may be tempted to act amiss, if she be distressed by want of subsistence. While her husband, having setteled her maintenance, resides abroad, let her continue firm in religious austerities; but if he leaves no support, let her subsist by spinning and other blameless arts. This extract clearly shows that there is a legal obligation on the part of the hub-band to make arrangements for his wifes due maintenance even if he goes abroad for business purposes, Colebrooke again quotes Yajnyawalk