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Gangadhar Parappa Alur Vs. Yellu Viraswami Shirawale - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtMumbai
Decided On
Case NumberSecond appeal No. 433 of 1910
Judge
Reported in(1911)13BOMLR1038; 12Ind.Cas.714
AppellantGangadhar Parappa Alur
RespondentYellu Viraswami Shirawale
Excerpt:
.....right. we also think that the decisions of the courts below rest upon very good authority, if we treat them from the point of view of hindu..........during the husband's life-time, and at his express desire. it is conceded that the husband and wife lived, to all appearances, happily up to the time of the husband's death. in these circumstances it appears, to us that the decision arrived at by the lower courts was perfectly right. we think that it would be a dangerous principle, where the husband and wife have lived together, without any open breach of marital relations up to the husband's death, to allow mere outsiders to come in and impute acts of unchastely to the wife during the period of her covertures. that is, speaking for myself, entirely opposed to the general policy of the law in dealing with the relation of husband and wife. we also think that the decisions of the courts below rest upon very good authority, if we treat.....
Judgment:

Beaman J.

1. The only question here was whether the widow was to forfeit her succession to her husband, on the score of unchastely. The allegation of the plaintiff was that that unchastely was committed during the husband's life-time, and at his express desire. It is conceded that the husband and wife lived, to all appearances, happily up to the time of the husband's death. In these circumstances it appears, to us that the decision arrived at by the lower Courts was perfectly right. We think that it would be a dangerous principle, where the husband and wife have lived together, without any open breach of marital relations up to the husband's death, to allow mere outsiders to come in and impute acts of unchastely to the wife during the period of her covertures. That is, speaking for myself, entirely opposed to the general policy of the law in dealing with the relation of husband and wife. We also think that the decisions of the Courts below rest upon very good authority, if we treat them from the point of view of Hindu lawyers. We are, therefore, of opinion that this appeal must be dismissed with all costs.


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