Kolkata Court August 1873 Judgments

Ramnath Tolapattro and anr. Vs. Durga Sundari Debi and anr.

Court: Kolkata

Reported in: (1879)ILR4Cal551

Mitter, J.1. The question raised in this special appeal is whether, according to Hindu law, an unchaste mother is entitled to succeed to the properties of a deceased son, it being established that she became unchaste before the succession opened out to her?2. The District Judge in the lower Appellate Court has answered this question in the affirmative. In this opinion we do not concur. The District Judge relies upon a Full Bench decision of the Allahabad High Court--Musamat Ganga Jati v. Ghasita I.L.R., 1 All., 46. He is also of opinion, upon the authority of the judgments of Mr. Justice Markby and the Chief Justice Sir Barnes Peacock in the case of Matangini Debi v. Joykali Debi 5 B.L.R., 466, that Act XXI of 1850 removed the bar to the succession of an unchaste woman arising from loss of caste.3. The question raised in the case before the Allahabad High Court was different. It was whether unchastity in a woman does not incapacitate her from inheriting any stridhan property? And the C...