Alleged Affair Cannot Strip Woman Of Widow Status, High Court Rules

The Allahabad High Court held that a woman does not lose her legal status as a widow merely because of an alleged relationship after her husband’s death.

Justice Anil Kumar allowed the first appeal in Rajeshwari Devi and Others vs Harishankar Pandey and Others and dismissed the civil suit filed in Ballia.

Harishankar Pandey had sought a declaration that Rajeshwari Devi was not the widow of late Vindhyachal Pandey and that her two sons were not legitimate heirs.

He claimed Vindhyachal died childless in 1938 and alleged Rajeshwari later had a relationship with Ram Awadh Pandey.

The lower court had relied on an earlier Section 488 CrPC proceeding that described Rajeshwari as Ram Awadh’s ‘mistress’ and granted his wife maintenance.

The High Court rejected this reasoning, noting that the plaintiff admitted Rajeshwari’s marriage to Vindhyachal and his death. Her widow status therefore continued, and an alleged subsequent relationship could not extinguish it.

On the children’s legitimacy, the court relied on Section 112 of the Evidence Act, which presumes legitimacy for children born during a valid marriage. It said the plaintiff had to prove “non-access” to rebut the presumption.

The court also held that the earlier Section 488 CrPC order was not conclusive evidence in the civil proceedings. Such proceedings provide a speedy, summary remedy and do not decide questions of succession or ownership.

As Rajeshwari was not a party to the earlier case, the requirements of Section 33 of the Evidence Act were also not met. The High Court set aside the lower court’s decree and dismissed the suit.

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