Case Law Details
Manu Gupta Vs Sujata Sharma & Ors. (Delhi High Court)
Introduction: In a groundbreaking ruling, the Delhi High Court has dismantled age-old stereotypes by affirming a woman’s right to be the Karta of a Hindu Undivided Family (HUF). This landmark judgment challenges societal norms and sheds light on the evolution of gender roles within the legal framework.
Detailed Analysis: The division bench, comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, emphasized that neither legislative provisions nor traditional Hindu Law restrict a woman from assuming the pivotal role of Karta in an HUF. The court aptly pointed out that denying such a right based on societal perceptions would contradict the explicit provisions laid down by the legislature.
Quoting Ruth Bader Ginsburg, the court highlighted the historical disinclination towards accepting women as Kartas, despite the 2005 Amendment to the Hindu Succession Act granting equal coparcenary rights. The judgment reflects on the societal progression of gender roles, emphasizing the need to eradicate deeply entrenched biases.
The court dissected Section 6 of the 2005 Amendment Act, asserting that conferring equal rights to women encompasses the right to be a Karta. Rejecting the notion that a woman can be a coparcener but not a Karta, the bench deemed such an interpretation anomalous and contrary to the legislative intent.
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