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Report No. 81

4.6. View of text book writers.-

The view of text book writers1 also appears to be that the disability in the Dayabhaga law extends to a barren daughter or one who is not likely to have a male issue, or who is already a childless widow. Any argument that the widow might re-marry and have male issue is anticipated by section 4 (of the Act of 1856), which prevents her from claiming the right of inheritance2. But if the widow marries (after widowhood), before her father's death, section 5 would take away the disability.3

1. Gour Hindu Code, (1938), p. 940, para. 2252, citing Mukanda v. Manmohini, (1920) 19 CWN 472.

2. Banerjee Marriage and Stridhana, (1923), pp. 314-315.

3. For section 5, see Chapter 5, infra.

Hindu Widows Re-marriage Act, 1856 Back

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