Remarriage no bar for widows to get late spouse’s Provident Fund: Madras High Court

Justice N Kirubakaran on citing a Supreme Court order that women including widows are treated as coparcener on a par with the males, held that, “A widow is equally entitled to a share on a par with the mother of the deceased husband in the Provident Fund amount and all other dues.” As per the case, Yashoda is the widow of one Jeyaraman, who was employed at Hotel Sangam at Tiruchy. 

During his service, he was contributing for the Provident Fund Scheme. He had died on May 28, 2001. Thereafter, his mother Chellammal filed a succession plea at the Principal Subordinate Court in Tiruchy, seeking a certificate to empower her to obtain the amount lying with the Provident Fund authorities. The said petition was allowed following which Yashoda moved an appeal at the High Court under section 384 of the Hindu Succession Act, against the judgment and decree passed by the Principal Subordinate Court. 

She had contended that there is no bar for her to remarry after the death of her husband, which she had done rightfully. She submitted that the bar under section 24 of the Hindu Succession Act 1956, to inherit the properties of her husband as his legal representative had been deleted and therefore, there is no bar for her to claim her share in the Provident Fund amount as a legal representative. 

Moreover, the Hindu Widows Remarriage Act and Hindu Succession Act, which deleted Section 24 with effect from September 9, 2005, recognises the right of widows not only in remarriages but also in inheriting the properties of the late husband. Moreover, it has also been stipulated that any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, will be held by her as a full owner.