NARSIMHULU Vs. MANEMMA

JUDGEMENT

(1.) JUDGEMENT :- An interesting question of law, whether the widow of a coparcener who is found unchaste on the date of his demise is disqualified to inherit his estate as a Class I heir under the Hindu Succession Act, 1956 (Act No. XXX of 1956), arises in this case.

(2.) The appellants are defendants 1 to 6. The respondent is the widow of the elder brother of the 1st appellant. Her husband died in the year 1962. Her marriage was celebrated 24 years prior to the institution of the suit. It is her case that after her husband's demise, she continued to live as a member of the joint family with the 1st Appellant; but he started secreting the income of the joint family and purchasing the properties benami necessitating her to lay the suit for a partition. Initially, she impleaded the 1st appellant as the sole defendant. Subsequently, at the behest of the 1st appellant, his sisters defendants 2 to 4, and his deceased sister's husband and son, defendants 5 and 6, respectively were impleaded. She claimed initially half share and subsequently 1/4th share. The trial Court granted a preliminary decree in respect of items 1 to 14 of the plaint A Schedule properties and dismissed the suit in respect of item 15 of the plaint A Schedule properties and also the plaint B and C Schedule properties. No cross-objections have been filed in that regard.

(3.) With a view to disentitle the respondent to claim a share, the 1st appellant pleaded that even before the marriage with his brother, the respondent was leading immoral life having illicit intimacy with one Rangappa of her parents' village, Gandhipalle, and one year after the marriage, she deserted her husband and continued to live openly with the said person and, therefore, she is not entitled to a share in the coparcenery property. Though the 1st Appellant pleaded that the properties were purchased by D.W. 6, his sister, and he was holding the properties benami for her benefit, that plea was negatived by the Court below and it is not challenged before me. Therefore, I need not go into that question.