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Report No. 59

9.5. Scheme proposed as regards section 19.-

The scheme which we have in mind is, in other words, this-

(i) Where the persons marrying are Hindus, Buddhists, Sikhs or Jains, the marriage should, in no case, result in a severance of status. The law otherwise applicable-i.e. the Hindu Law-will continue to apply, both as regards undivided property and as regards divided property.

(ii) Where, of the persons marrying, only one-the male coparcener-is a Hindu, and the other spouse is a non-Hindu, the Indian Succession Act will continue to apply and there will be severance also.

We are also aware that besides the two situations mentioned above, there is a third situation, where neither party is a Hindu. This could arise if the person marrying i.e. a Hindu Coparcener, has changed his religion before marriage. In such a situation, section 19 does not, by its terms, apply. His "pre-marriage" conversion may, of course, result in severance, apart from the statutory provision in section 19.

It may be noted that the embracing of Christianity by a person effected a division of status. This was the decision of the Privy Council in Abraham v. Abraham, (1861-1863) 9 MIA 195: 1 WR 1: 2 Sar 10: 1 Suther 501 (PC). Here, section 19 is not of any relevance. We are accordingly proposing a new section1 to override section 19 in cases where both the parties are Hindus.

1. See section 21A proposed, in para. 9.12, infra.

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

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