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Report No. 59

9.10. Recommendation.-

This discussion becomes necessary because we have to consider the question whether the amendment which we recommend in section 191 (so as to restrict its scope) necessitates any change in section 20. We have come to the conclusion that this in itself necessitates no such change. Section 20 is subject to the provisions of section 19, and that position will continue. Where section 19 as modified applies, there will still be a severance of status; and that special consequence of the marriage will override section 20. But so much of section 20 as creates a disability should be excluded where both are Hindus. In such cases, there is no justification for creating any disability. We recommend accordingly2.

1. See recommendation as to section 19

2. See section 21A (proposed), para. 9.12, infra.

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

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