Report No. 111

7.11. Commission's view as to the re-marrying widow.-

In our opinion, the English provision relating to re-marriage (which we have quoted above1) is partly good, and partly bad. In so far as it requires the court to disregard the prospects of the marriage, it is good, as it saves the court from the task of embarking upon an aimless inquiry. However, in so far as it requires the court to disregard even the actual re-marriage of the widow, it does not appear to be a sound one. After re-marriage (assuming that re-marriage takes place before the trial of the claim concludes), the court knows that the woman will receive support from some other source. The court should not be required to disregard that reality.

1. Para 7.7, supra.