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Report No. 59

9.4. No deterrent regards.-

We have carefully considered the matter, and we think that no "deterrent" is required against special marriages. A provision of the nature contained in section 19 is certainly not required where both the parties are Hindus, Buddhists, Sikhs or Jains.

So far as the desire to protect the position of daughters is concerned, the passing of the Hindu Succession Act removes the difficulty, because they are given the right to succeed under that Act, and, where a female is alive1, property does not pass by survivorship, but it passes by succession. Secondly, so far as the desire to maintain one system of succession for all properties is concerned, we are not disturbing that principle, as we propose to exclude2-, from section 21, Special Marriage Act, marriages where both the parties are Hindus.

1. Section 6, Hindu Succession Act, 1956.

2. Par. 9.11, infra.



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




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