HIGH COURT OF BOMBAY
SMT. JAIWANTABAI W/O SHENUJI WANKHADE – Appellant
Versus
SUNANDA W/O GANESH DODE AND ANOTHER – Respondent
SA 144/2007
['SUMIT G JOSHI', '', 'FOR/P O A OF PETITIONER', 'ANIL MARDIKAR', 'AMIT JOSHI', 'NP LAMBAT/R-SOLE', '', 'VR CHOUDHARI/R- & RS SUNDARAM/R- ON DELAY', 'R- SERVED ON MERIT', 'NITIN P LAMBAT', 'FOR/R', 'JAGVIJAY SINGH BABUSINGH GANDHI', 'FOR/R']
-1-
SA.144.2007
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
SECOND APPEAL NO.144 OF 2007
APPELLANT:
Smt. Jaiwantabai w/o Shenuji Wankhade
aged about 59 years, Occupation: Labour,
resident of Panchashil Nagar, Akola,
District : Akola [Original Plaintiff as on R.A.]
… VERSUS ...
RESPONDENT:
1. Sunanda w/o Ganesh Dode,
Aged about 34 years, Occu : household work,
resident of c/o Ganesh Shaligram Dode
Zopadpatti area behind new S.T. Stand Akola
Tahsil and District : Akola.
2. Divisional Railway Manager [p], Central
Railway Bhusawal, Tahsil Bhusawal,
District : Jalgaon.
[Respondent no.1 and 2 are original
Defendants no.1 and 2 as on R.A.]
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Shri Ved Deshpande h/f Shri A.S. Mardikar, Senior Advocate for the Appellant
Shri J.B. Gandhi, Advocate for Respondent No.1.
Shri N.P. Lambat, Advocate for Respondent No.2.
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CORAM : S.M. MODAK, J.
RESERVED ON : 4
th AUGUST
, 2021
PRONOUNCED ON : 23
rd
AUGUST, 2021
JUDGMENT:-
Heard learned Advocate Shri Ved Deshpande for the
Appellant, learned Advocate Shri J.B. Gandhi for respondent No.1 and
-2-
SA.144.2007
learned Advocate Shri N.P. Lambat for respondent No.2.
02]
This Court while admitting the appeal has framed following
substantial question of law—
a)“whether a widow can claim the estate of the husband after
re-marriage”?
At that time, this Court has referred to the judgment in the case of Smt.
Kasturi Devi Vs. Deputy Director of Consolidation & Others
1. I have
perused that judgment. It is no doubt true that “the effect of
re-marriage on her right to claim share in the property” was considered
in that judgment. However, the status of that woman was that of a
mother and not of a widow. So to say there was a claim for inheritance
not as a widow but as mother. It has been held that there will not be
any effect on her share of inheritance from a son even after she
re-married. Whereas in the case before us the issue is what is the effect
on widow’s right of inheritance (not in the property of a son) on the
property of the deceased husband.
03]
The present appellant is the mother of the deceased-Anil
Shenuji Wankhade. He was working as a pointsman with Indian
Railways. He was married to present respondent No.1. Parties will be
referred to by their original status before the trial Court.
1
AIR 1976 SC 2595
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SA.144.2007
04]
Anil Wankhade expired in an accident on 19th April, 1991. He
was entitled for dues from the Indian Railways. Deceased-Anil
nominated his wife/defendant-Sunanda. It has come on record that
there was a dispute in between deceased-Anil and wife-Sunanda. She
was staying away from the husband-Anil.
05]
After the death of husband-Anil, defendant-Sunanda
re-married in the month of May, 1991 with one Ganesh Saligram Dode.
Plaintiff-Jaiwantabai claimed dues from the Indian Railways in the
year 1993. She also informed to the employer about re-marriage of
defendant-Sunanda. Indian Railways/employer demanded a certificate
of marriage. However, it could not be submitted. Employer disbursed
dues of Rs.65,000/- in favour of defendant-Sunanda.
06]
As plaintiff-Jaiwantabai could not find favour from the
employer, she filed a suit before the Civil Judge (Junior Division),
Akola. She sought declaration about status of defendant-Sunanda and
also injunction restraining the employer from paying the dues to
defendant-Sunanda.
07]
The plaintiff gave evidence and examined herself and two
witnesses namely Shrirang Ingde-PW-2 (who was aware about strained
relationship in between the spouses and cohabitation with second
husband)