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2010 Supreme(P&H) 161

DEEPAK GUPTA
Pratap Singh – Appellant
Versus
Guman Singh – Respondent


Judgment

Deepak Gupta, J.

1. This case raises interesting questions regarding the laws of inheritance in respect of parties governed by custom where a mixed system of polyandry and polygamy was being followed. The parties belong to area of Tehsil Shillai, District Sirmour. According to them at the relevant time a custom known as "joridari" was in existence. This custom was a mixture of both polygamy and polyandry. Under this Joridari system the eldest brother amongst the brothers was the pivot and the woman who was brought into the house in a marriage ceremony became the wife of all the brothers who joined him or associated with him. It was not necessary for all the brothers to join the Joridari but when two or more brothers join together in this common marriage the wife became the common wife of these brothers. If over a period of time the brothers wanted to marry another woman and bring her into the family she also became the joint wife of all the brothers. Therefore, if there were more than one wife, all the wives were the common wives of the brothers.

2. According to Dr. Y. S. Parmar, (former Chief Minister of Himachal Pradesh) in his treatise "polyandry in the Himalayas" where




























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