SC restores property rights of widow ousted by in-laws
New Delhi: The Supreme Court on Monday restored the rights of property of a widow ousted from the matrimonial home after her in-laws took their son’s money from his life insurance policy. A bench of Justices Surya Kant and Joymalya Bagchi noted the in-laws were also accused of assaulting the widow.
“You have thrown this poor widow out of her house after her husband’s death, just to take away her properties. You took money from Life Insurance Policy of her husband’s name. Now, you are claiming to be poor tribals. This is not accepted,” the bench told one Birender Oraon, who moved the top court seeking anticipatory bail in the case. Justice Kant added: “These people think, being tribals they can do anything. We understand what happens in these rural areas.”
The top court took on record a note submitted by the in-laws of the widow assuring restoration of the properties in her name.
“We would have outrightly rejected this petition as well as the regular bail granted to the petitioner’s co-accused and directed the state police to arrest them, but for an assurance shown in paragraph…of the note of submission. The petitioner and his co-accused persons are directed to take the necessary steps within one week; failing to do so will result in serious consequences,” it said. The bench underlined the serious nature of the allegations aside from the accusations of harassment meted out to the woman by the family members of deceased Sakendra Oraon.
“Prima facie, we are of the view that the petitioner and the co-accused cannot be granted the discretionary relief of pre-arrest bail,” it said. The top court directed issuance of suo motu notice to Budo Oraon, Lalmohan Oraon, Lakshu Oraon, Kauleshwar Oraon and Jitendra Oraon (in-laws and family members) to showcause why the regular bail granted to them in the case of assaulting the widow should not be cancelled.
The bench directed bailable warrants to be issued in the sum of Rs 5,000 each against the accused and asked the superintendent of police in Jharkhand’s Latehar district to execute the warrants and submit a compliance report before the next hearing. Posting the matter for September 15, the bench directed petitioner Birender Oraon’s bail to be extended by only a week.
On September 1, the top court granted four days time to counsel for Birender to seek instructions from him and the co-accused whether they were ready and willing to restore absolute ownership rights to the extent of share of deceased Sakendra to the complainant-widow.
