Case Note & Summary
The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and first appellate court had decreed partition in favor of the plaintiffs, granting them 1/4th share each. The defendants, being the second wife and her children, appealed to the High Court. The High Court allowed the appeals, holding that the second wife and her children are also coparceners and entitled to share in the joint family property. The court set aside the concurrent findings and remanded the matter for fresh consideration, directing that all parties be given their rightful shares.
Headnote
A) Hindu Law - Partition - Coparcenary Rights - Second Wife and Children - The court considered whether the second wife and her children are entitled to a share in the joint family property. Held that the second wife, being a legally wedded wife, and her children are coparceners and entitled to share in the joint family property. (Paras 5-10) B) Civil Procedure Code, 1908 - Section 100 - Second Appeal - Substantial Question of Law - The court examined whether the lower appellate court erred in law by not considering the rights of the second wife and her children. Held that the concurrent findings of the courts below were perverse and liable to be set aside. (Paras 3-4) C) Hindu Succession Act, 1956 - Section 6 - Coparcenary Property - The court interpreted the rights of daughters as coparceners under the amended Section 6. Held that daughters are entitled to equal share as sons in the coparcenary property. (Paras 11-15)
Issue of Consideration
Whether the second wife and her children are entitled to a share in the joint family property and whether the suit for partition was maintainable without impleading all necessary parties.
Final Decision
The High Court allowed the second appeals, set aside the common judgment and decree of the lower appellate court, and remanded the matter to the trial court for fresh consideration, directing that all parties be given their rightful shares in the joint family property.
Law Points
- Partition
- Hindu Succession Act
- 1956
- Coparcenary
- Second Wife
- Legitimacy
- Necessary Parties
- Civil Procedure Code
- 1908
- Section 100
