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Issues Involved:
1. Can a married woman be termed as a child and thereby a member of her parents' family? 2. Whether a married woman is a member of her husband's family? Detailed Analysis: Issue 1: Can a married woman be termed as a child and thereby a member of her parents' family? The primary contention revolves around whether a married woman can be considered a member of her parents' family for the purpose of land ceiling under the Orissa Land Reforms Act, 1960. The Full Bench of the High Court negated this contention, stating that the legislature was aware of the position of married daughters. It was implied that upon marriage, daughters cease to be members of their parents' family and become part of their husband's family. The High Court's interpretation was that including a married daughter in her parents' family holdings would lead to double jeopardy, aggregating her properties with both her father's and her husband's holdings if her husband is a landholder. The Supreme Court upheld this view, emphasizing that a married woman is an individual whose family consists of herself, her husband, and their children, aligning with the general societal understanding. The Court referenced Section 37-B, which states that no person, including a family, shall hold land in excess of the ceiling area. The definition of 'family' in Section 37(b) supports that a married woman is part of her husband's family and not her parents' family. The Court further noted that the legislative intent was not to include married daughters in their parents' family holdings, as this would lead to absurdity and unintended injustice. Issue 2: Whether a married woman is a member of her husband's family? The Court clarified that a married woman, after marriage, loses the status of being a member of her parents' family and becomes part of her husband's family. This interpretation aligns with the definition provided in the Act and the societal norm. The Court highlighted that the legislature did not intend to cover married daughters under the definition of 'family' for the purpose of land ceiling, as their holdings should not be clubbed with their parents' holdings. The Court referenced the case of Dibyasingh Malana v. State of Orissa, where it was held that the land of a major married son who separated by partition before the specified date would not be clubbed with his father's holdings. Similarly, a married daughter's holdings should not be included in her parents' family holdings. The Court also addressed the definition of 'person under disability' in Section 2(21) of the Act, which includes a widow, an unmarried woman, or a woman separated from her husband. This definition further supports the view that a married woman is considered a separate entity with her own individuality, and her holdings should not be clubbed with her parents' family holdings. Conclusion: The Supreme Court affirmed the High Court's interpretation that a married woman is not a member of her parents' family for the purpose of land ceiling under the Orissa Land Reforms Act, 1960. The Court emphasized that the legislative intent and societal norms support the view that a married woman is part of her husband's family. The appeals were dismissed, and the interpretation provided by the High Court was deemed just and reasonable, avoiding any unintended injustice or absurdity. The Court also noted that altering this interpretation at the end of the implementation of the Act would introduce uncertainty and confusion, potentially unsettling previous orders and transactions.
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