GANGA DEVI Vs. BIJAI SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for a declaration that certain monies belonging to Dalel Singh, the husband of the plaintiff-appellant, who died leaving the plaintiff-appellant and the defendant-respondent, a son by a previous wife, belonged to the plaintiff-appellant. The plaintiff was married to Dalel Singh deoeased under the Special Marriage Act in the year 1938. When Dalel Singh married the plaintiff he had a son Bijai Singh, defendant-respondent by a previous Hindu wife whom he had married under the Hindu form of marriage. On Dalel Singh's death, the plaintiff appellant claimed that she was the sole heir of the property left by Dalel Singh under the provisions of the Succession Act. This claim was made on the ground that the Succession Act does not recognise a Hindu marriage and a son by the previous Hindu wife was not entitled to inherit under the provisions of that Act.

(2.) The Special Marriage Act under which the plaintiff was married provides : Section 22.--"The marriage under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family." Section 23.--"A person professing the Hindu, Buddhist, Sikh or Jaina religion who marriages under this Act shall have the same rights and be subject to the same disabilities in regard to any right of succession to any property as a person to whom the Castes Disabilities Removal Act, 1850 applies:

(3.) The trial Court held that the defendant was a lineal descendant within the meaning of Section 33, Succession Act. The plaintiff was, therefore, granted a decree to the extent of one-third on!y. This decree was confirmed by the lower appellate Court.