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Report No. 59

9.3. Discussion in the Bill.-

We have also taken note of the discussion relating to the Bill which led to the present Act. The Joint Committee, in their report, note as follows as regards the provisions of this section2:-

"Clause 19 (old clause 18).-The Joint Committee gave very anxious consideration to this clause as that had been made the subject of attack in many of the opinions received on the ground that it penalises marriages under this law. After careful consideration the Joint Committee have decided to retain this clause in its original form, particularly because it has the desirable effect of simplifying the law of succession. Were the clause to be omitted, the share of the joint family property of a person marrying under this law will necessarily have to devolve on the survivors, which would mean that the daughters will be left out of account. Moreover, one of the chief reasons why persons marry under this law is that in case of intestate succession, the Succession Act will apply and it would be extremely inconvenient to have different laws of succession applicable to different types of property. Severance from the joint family does not, of course, prevent the parties from reuniting if they so desire."

1. Joint Committee Report (on the Bill which led to the Act of 1954), cited in Chaudhri, Special Marriage Act, p. 65.

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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