Supreme Court of India

Omprakash & Ors. v. Radhacharan & Ors.

Neutral citation
Reported as [2009] 7 S.C.R. 1007
Bench S.B. Sinha and Dr. Mukundakam Sharma JJ.
Decided 5 May 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that sub-Section (1) of Section 15 of the Act would apply and not the sub-Section (2) thereof. c This is a hard case.

Judgment, page 7

From the headnote

Hindu Succession Act, 1956: ss. 15(1) and (2) - Applicability of - Self acquired properties - Widow turned out of matrimonial house - Got education and support at parental house - Died intestate - Devolution of property - Held: Sub- c section ( 1) of s. 15 would apply and not sub-section (2) thereof - Sentiment or sympathy would not be guiding factor in determining rights of parties which are otherwise clear and unambiguous - Normal rule of succession must prevail - Interpretation of statutes. ... ~ ~ One 'N' became widow within 3 months of her marriage and was turned out of matrimonial

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