Report No. 81
1.3. Position resulting from legislation of 1955 and 1956.-
The Act was enacted in 1856. Nearly a hundred years later, four Acts were enacted, namely, the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, the Hindu' Minority & Guardianship Act, 1956 and the Hindu Adoptions and Maintenance Act, 1956-making fundamental and radical changes in the personal law of Hindus relating to marriage, succession, guardianship, adoption and maintenance. Notwithstanding the enactment of those Acts, the Hindu Widows Re-marriage Act, 1856 still continues to be on the statute book.
The four Acts referred to above override all the rules of Hindu law, custom or usage having the force of law, in respect of matters dealt with in those Acts; they also supersede any other law contained in any central or state legislation which is inconsistent with the provisions of those Acts. Each section of the Act of 1856 therefore needs to be examined in order to ascertain how far the provisions of the Act have become either inconsistent or redundant and, therefore, need to be repealed.