The Judge said "the recitals in the documents reveal the expectation in the mind of the settler that he would get back the property at any cost. There is an assumption that the first wife will predecease him. He would live and enjoy the property after her death."
The judge said the amendment was brought to the Section 14 of the Hindu Succession Act to take care of such documents existing with fraudulent intentions.
The section says "any property acquired by a Hindu Female before or after the commencement of this Act shall be held as full owner and not as a limited owner and hence the sale of property by the first wife is valid," the judge said.
While delivering the judgment, the judge made some observations about the status of married women who do not become pregnant.
"Though women are not alone the cause for the issue yet the problem of infertility has broken many homes, separated many couples and caused disharmony between the couples while they are living together," she observed.
She further said "the most inhumane form of insult is the husband, who getting married while the first wife is alive, trying to justify the second marriage in the name of giving gift of property to first wife."
