The Chamber's Journal April 2013

Page 182

BEST OF THE REST and who has not married again, wife means woman married to a man. Without marriage there cannot be widow. That marriage should be valid marriage under law. Therefore, word widow mentioned among Class I heirs is lady who was validly married under the provisions of Hindu Marriage Act and who has acquired the status of widow by virtue of death of her husband. If her marriage with person is void under law, on his death she would not get status ! \ $/ " ! ƒ ! "! } {˜§_ ” { S. 10 refers to ‘if there are more widows than one, all the widows together shall take one shareâ€?, is when the Hindu Succession Act came in to force, as there was no prohibition for Hindu marrying more than one wife, it is possible that a male had married and was having more than one wife. After coming in to force of the Act, the Hindu male dies leaving behind two wives whose marriage was valid before coming into operation of the act, it was provided that those wives will take one share of her husband’s estate under S. 8 of the Act. Under the Hindu male marriage Act, the Parliament declared that if a person marries during the subsistence of an earlier marriage i.e. a person who marries while he has spouse living at the time of the marriage and such marriage is solemnized after the commencement of this Act, it shall be null and void and provisions of Ss. 494 and 495 of Indian Penal Code applies to such marriage and is punishable under the Hindu Marriage Act. Certainly, the Parliament had no intention of conferring any right on the wife who is a party to the offence of bigamy and gave her a share in the property of her deceased husband. Any such interpretation to the provisions of the Hindu Succession Act would nullify the object with which the Hindu Marriage Act was enacted. In other words, it runs counter to the concepts of the bigamy being punishable and the marriage being void; which the Parliament wanted to eradicate by legislation. Where plaintiff second wife was born only after 1955 Act came in to force and opposite party

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was married earlier to her, plaintiff’s marriage with deceased was null and void and she did not get the status of a wife. Therefore, she did not get the status of a widow so as to get the ! " {™ } " to seek partition and separate possession of her alleged half share against the second wife. She is not “heir� under the Hindu Succession Act. Laxmibai vs. Ansuya AIR 2013 Karnataka 24

3. Attachment of compensation amount – Recovery of dues to Bank – Clauses (a) and (b) of S. 52-A of L.A. Act exempts compensation awarded under Act from attachment – Order of Collector attaching acquisition compensation against recovery due to bank improper – Income-tax Act, 1961, Sch. 2, R. 27. Recovery of Debts Due to Banks and Financial Institutions Act, 1993, S. 25 The land of the petitioner was acquired by the State of Punjab for establishment of Engineering College at Bathinda. Against the award of compensation by the State Government, the concerned landowners including the petitioner filed a reference under section 18 of the Land Acquisition Act, 1894 before the District Judge, Bathinda and thereafter regular first appeal before the High Court. The said appeal was disposed of by enhancing the amount of compensation from ` { |™ ™™™¼$ ` { §Â™ ™™™¼$ ! ! ¤ ” @ › ” @ § < ! ” @ | entire compensation amount payable to the ! ”! |Â? | " ! / $ } {˜_{ / ! directed that the said amount be deposited with ” @ | ! ” @ § ”

The Chamber's Journal April 2013

ML-504

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