LAWS(GAU)-2002-2-46

LALRAMCHHANI Vs. LALTHACHHUNGI

Decided On February 19, 2002
LALRAMCHHANI Appellant
V/S
LALTHACHHUNGI Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 8-10-99 of the District Council Court, Aizawl in CA No. 12/98.

(2.) The facts briefly are that an employee of the Government of Mizoram married to a lady and through her he had four sons. Later she was divorced and he again married to the plaintiff No. 1 and through her he had a daughter who is aged about 6 years now. The person died and after his death, the plaintiff No. 1 again married another person and through him she had a son. The Court below rightly found that the plaintiff No. 1, i.e., the second wife having lost her chastity by the second marriage after the death of her husband is not entitled to any share in the properties of the deceased husband. Both the courts below having adopt-ed the approach of justice, equity and good conscience consistent with the circumstances of the case distributed the properties amongst four sons through first marriage and to the daughter through the second marriage, we do not find anything to interfere with the judgment of the Court below.

(3.) The learned counsel submitted that in Mizo society a lady/daughter is not entitled to inherit as the inheritance should go through sons only.