Lalramchhani and others v. Lalthachhungi and another
2002-02-19
A.K.PATNAIK, J.N.SARMA
body2002
DigiLaw.ai
Judgement SARMA, J. :- This is an appeal against the judgment and order dated 8-10-99 of the District Council Court, Aizawl in CA No. 12/98. 2. The facts briefly are that an employee of the Government of Mizoram married to a lady and through her he had four sons. Later she was divorced and he again married to the plaintiff No. 1 and through her he had a daughter who is aged about 6 years now. The person died and after his death, the plaintiff No. 1 again married another person and through him she had a son. The Court below rightly found that the plaintiff No. 1, i.e., the second wife having lost her chastity by the second marriage after the death of her husband is not entitled to any share in the properties of the deceased husband. Both the courts below having adopt-ed the approach of justice, equity and good conscience consistent with the circumstances of the case distributed the properties amongst four sons through first marriage and to the daughter through the second marriage, we do not find anything to interfere with the judgment of the Court below. 3. The learned counsel submitted that in Mizo society a lady/daughter is not entitled to inherit as the inheritance should go through sons only. 4. This appeal has been under order 3 of the Assam High Court (Jurisdiction over District Council Courts) Order, 1954. Under Order 3 an appeal against a final order or decision of District Council Court in a civil suit where the valuation of the suit is Rs. 1000/- or more shall lie to the High Court . It is the admitted position in this case that the suit was not valued at Rs. 1000/- or more. Further, Rule 46(1) of the Lushai Hills Autonomous District (Administration of Justice) Rules, 1953, provides that in all civil cases, the District Council Court, the Subordinate District Council Courts and the Additional Subordinate District Council Courts shall adjudicate according to law, jsutice, equity and good conscience consistent with the circumstances of the case and not according to custom only. Consistent with the principles of equity and good conscience, the said Courts have distributed the properties to the four sons and daughter of the deceased keeping in mind the circumstances of the case. 5.
Consistent with the principles of equity and good conscience, the said Courts have distributed the properties to the four sons and daughter of the deceased keeping in mind the circumstances of the case. 5. We are not inclined to consider the submission of the appellant in view of the law quoted above. In the result, we upheld the judgment and order dated 8-10-99 passed by the District Council Corut in CA No. 12/98. Ordered accordingly.