The chhatisgarh high court has held that the effect of a valid marriage is that the same cannot be said to be established unless strictly proved under the Statutory requirements.
A single judge bench comprising of justice sanjay k agarwal observed thus :
” The effect of the valid remarriage is the widow losing her right in the property inherited from the previous husband. Therefore, where remarriage is set up as defence, it has to be strictly proved looking to devastating consequences to be befallen upon widow in shape of depriving her right To propety. “
Section 6 of the Act of the Hindu widows Remarriage Act 1856, the fact of remarriage cannot be said to be established by which the right to property, which is uconstitutional right, is lost that to by widow. “