PANIGRAHI, C. J.

( 1 ) THIS case comes before us on a reference by a Division Bench. The question referred to us for our opinion is formulated as follows :

"whether the provisions of Section 3 (2), Hindu Women's Rights to property Act, 18 of 1937 as amended by Act, 11 of 1938 are retrospective so as to apply to the case of a widow whose husband died prior to the date when the said Act came into force. "

This reference was necessitated on account of the majority decision in --'badhi bewa v. Bhagawan Sahu', AIR 1951 Orissa 378 (SB) (A), according to which section 3 (2) of the Act is retrospective in operation and, consequently, the widow of a Hindu who died before the Act came into force, viz. , before 14-4-1937, was entitled to her husband's share provided that the joint family continued till the date when partition was demanded. This view was subjected to much adverse criticism by another Bench of this Court in --'nandakishore v. Sukti Dibya', AIR 1953 Orissa 240 (B ). In a later case decided by Narasimham and Mohapatra JJ. in-- 'haramoni v. Dinabandhu', AIR 1954 Orissa 54 (C), Narasimham J. reiterated his view that Section 3 (2) of the Act was retrospective though the case was dec