Joytara and Another vs Ramhari Sirdar and Another

Field, J.—We think this appeal must succeed with respect to the claim for the widow''s maintenance. The Subordinate Judge argues that, because there is no express provision for maintenance in the will, the widow is not entitled thereto; and he considers further that, as she was allowed to retain certain clothes and ornaments, it was unnecessary to give her any maintenance in addition. We think that a gift of stridhan is not equivalent to a provision for maintenance; and the right to maintenance being one which the widow has under the Hindu law, that right cannot be taken away unless by express language to this effect. We therefore set aside the decree of the Subordinate Judge and restore that of the Munsif, making an allowance of Rs. 3 a month to the widow as maintenance.

As to the daughter''s allowance, we see no reason to interfere. The appeal will be decreed with costs to the appellant in proportion to the amount as to which she succeeds.