A. I. R. 1922 Patna 378. ::(1922) 3 Pat LT 551 ::1922 Pat HCC 235 ::(1922) 67 Ind Cas 550

Patna High Court

Hon'ble Judge(s): Coutts, Adami , JJ

(A) Hindu Widows Remarriage Act (15 of 1857) , S.2— Hindu widow-Conversidlt-to Mahomedanism- Remairiage effects for feiture of husband't estate though such marriage is allowed by custopm .or recognised by Sect. Both under the Hindu law and by the enactment of 1857 a Hindu widow loses her estate on remarriage. It may be that certain classes of Hindus recognise widow remarriage either by custom or as a tenet of their sect but even where this is so it would be necessary to establish affirmatively that this recognition carries with it the right to retain the deceastd husband's estate, for to do so is against both the general rule of the Hindu law and against the provisions of the statute. (B) Hindu Law - Applicability - Dayanandis are Hindus. Dayanandis are Hindus. If the Brahmos are Hindus the Arya Samjists are more so because though professing to be monotheistic they believe in the supremacy of the Vedas.