WYAWASPHA-DARPANA, 816 Q. A Shādra woman succeeded by the law of inheritance to two houses acquired by her fa. ther. After her marriage, her husband was in possession of the houses, inasmuch as they were: their place of residence. The husband executed a deed of sale for the houses in question to a third person. The wife, however, remained in possession of them. Under these circumstances, was the husband competent to make the alienation in question? R. The husband was not competent to alien the houses inherited by his wife, and the salo The estate of , by him was consequently wholly invalid, as marriage does not conser on the husband any right to Woman * not, by - - her marriage, vent in dispose of a paternal estate to which his wife had succeeded before marriage. her husband. City of Moorghedabad, Manick Chand r, Chotce Laul–Macn, H. L. vol. II, Chap. 3. Case 9. p. 127. Q. On the death of an individual, his widow contracts a second marriage. The widow formerly had received some jewels from her parents, and her second husband chastised her for adultery and divorced her. In this case, is the husband legally competent to punish his wife and to divorce her? If so, does the woman become sole proprietor of the property given to her by her parents and former husband? - R. The husband is at liberty to divorce his wife who violates his bed; but the adulteress Divorce on account is entitled to her parents' and former husband's gift of jewels.” af adultury dues not subject the woman to - - P w he loss of her becuZilah Milnapore, May 16tl, 1808.—Mun. H. I, vol. ll. Cha. III. Caue 7, p. 126. • • Although, according to the schára-káudat of the IJindu law, the woman who burned herself with the body of her husband is taken to have died at the time with her husband, and the Sril. dhas of both of them are simultaneously performed, yet, according to the Pyurahāru-kánilat of that law, her death is held to have occurred after that of her husband, she having actually died after him, and any gift, &c. made by her after her husband's death being good and valid under the idea of her being then alive and in possession of her senses, Consequently,– 479. Whatever is given to her by the husband, on condition of the same being her property after his death, becomes her stridhan at the time mentioned, and do. volves after her death on the heirs of her stridhan, 480, Stridhan inherited by a woman ceases to be her stridhan, but is treated as the property which devolves under the ordinary rules of inheritance, and as such it descends after her death on the heir of the former owner.
- In the Kali, or present age, according to the Hindu law, the marriage of a widow is forbidden; but this practice is prevalent among the inferior classes. -
f See preface, p. 1. , It may be here observed that stridhan, which has once devolved according to the law of succession which govems the descent of this peculiar species of property, ceases to be ranked as such, ard is ever *rwards governed by the ordina; rule of iłನಿ H. L. vol. I, p. 38.
