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Musammat Bhanga Vs. Sheikh DIn Mohammad - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1923All233; 65Ind.Cas.593
AppellantMusammat Bhanga
RespondentSheikh DIn Mohammad
Excerpt:
hindu law - prostitutes--succession. - - in the first place, there is nothing to show whether janki was or was not unmarried, it is well known law in connection with hindu widows who have become prostitutes, that the succession is as the succession of married women......suit on the finding that, inasmuch as janki was a prostitute, she must be taken to have been an unmarried woman who had become unchaste and that, under the hindu law, the property of an unmarried woman who has become unchaste must be inherited by the crown, as she can have no heirs. in the first place, there is nothing to show whether janki was or was not unmarried, it is well known law in connection with hindu widows who have become prostitutes, that the succession is as the succession of married women. i have not been able to discover a case deciding the succession to an unmarried woman who has become a prostitute. considering the fact that the large majority of hindu girls do get married and that prostitution is uncommon amongst hindus except in the case of widows, the absence of.....
Judgment:

Stuart, J.

1. Janki and Kali, deceased, ware Hindu woman who made their living as professional prostitutes. There is no evidence to show whether Janki had ever been married. Janki purchased a house. After the death of Janki and her sister Kali, this house was claimed by their mother, Bhanga, the present appellant as the heir of Janki, and by Shaikh Din Mohammad, who claimed under a Will from Kali, Sheikh Din Mohammad obtained possession. Bhanga sued him for possession and recovery of certain ornaments and mesne profits. Her suit was decreed by the Munsif who found that the house and ornaments belonged to Janki and that the Will by Kali conferred no title. Din Mohammad appealed. The learned Subordinate Judge upheld the finding that all the property belonged to Janki, but he dismissed Bhanga's suit on the finding that, inasmuch as Janki was a prostitute, she must be taken to have been an unmarried woman who had become unchaste and that, under the Hindu Law, the property of an unmarried woman who has become unchaste must be inherited by the Crown, as she can have no heirs. In the first place, there is nothing to show whether Janki was or was not unmarried, It is well known law in connection with Hindu widows who have become prostitutes, that the succession is as the succession of married women. I have not been able to discover a case deciding the succession to an unmarried woman who has become a prostitute. Considering the fact that the large majority of Hindu girls do get married and that prostitution is uncommon amongst Hindus except in the case of widows, the absence of precedents is not surprising. In all probability, if the facts had been gone into, it would have been discovered that Janki was a widow. The Mitakshara Law recognises two forms of descent to a Hindu woman's self-acquired property, according as to whether she is married or unmarried.

2. There is nothing in the Hindu Law which states that when an unmarried woman has fallen from chastity, no one can succeed to her property except the Crown, It is not really of great importance whether Janki was married or not. Her property would go, in any circumstances, to her mother who is her only heir. I, therefore, allow this appeal, set aside the decree of the learned Subordinate Judge and restore the decree of the learned Munsif. Sheikh Din Mohammad will pay his own costs and those of the plaintiff in all Courts which will include fees on the higher scale.


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