JUDGMENT

Drake Brockrnan S.M., J. - The point for determination was whether Mst. Ramdei, the widow of an occupancy tenant, had re-married. Her first husband Ganga Sahai died in November, 1918. She has a son whom she says was a posthumous son of her first husband but whom the landlord alleges was born from her on 10th March, 1920, under an entry in the register of births for the village concerned with Ganga Ram as father. This child has not been produced in Court at any stage so that one could judge of his age.

2. It seems to be proved that Ganga Ram is a married man with two legitimate children and lives in a house of his own, while Mst. Ramdei lives in a house of her own. Though one Chanda deposes that kirao did take place, there is no evidence of any ceremonies, even the smallest, having taken place so as to signify re-marriage. On the whole it would appear that Mst. Ramdei has been nothing but a concubine of Ganga Ram. The law does not penalise 'living in sin' by a widow but re-marriage. Granted that re-marriage is not a very formal ceremony, amongst Chamars, but there must have been some ceremony of some sort so as to signify some sort of religious or legal contract. The learned