Bhola Umar vs Mt. Kausilla - 1932 Supreme(All) 107

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1932 Supreme(All) 107

KING, MUKERJI, SULAIMAN
Bhola Umar – Appellant
Versus
Mt. Kausilla – Respondent

JUDGMENT

Sulaiman, C.J. - There has undoubtedly been considerable controversy as to whether Act 15 of 1856 was applicable to all Hindu widows or not. The Allahabad High Court from the very beginning has laid down that the Act does not apply to such Hindu widows as were entitled under their custom to remarry and who were not bound to take advantage of the Act. Opinion in the other High Courts has considerably varied, and the Allahabad view has been openly dissented from. But it appears that with the lapse of time opinion in the other High Courts, particularly the Madras High Court, has come round towards the view of this Court, at least so far as the applicability of the Act is concerned. The Judges who have held that all widows are governed by the provisions of Section 2 of the Act, have based their view on the wide language of that section. It reads:

All rights and interests which any widow may have in her deceased husband's property shall upon her remarriage cease an determine as if she had then died.

2. If the section were to be taken in its widest scope, it would have to be conceded that the provision of law applies to any widow whatsoever. It would then include not only all Hindu