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Report No. 81

4.8. Recommendation to repeal section 4.-

The rule debarring a childless widow under the Dayabhaga law, to which we have made a reference above1, and which, as already stated2, section 4 has presumably in mind, has obviously been superseded by the Hindu Succession Act, 1956, which no longer recognises any disability based on childlessness, as discussed earlier3. In this situation section 4 of the Act of 1856 creates confusion4. Accordingly, we recommend that section 4 should be repealed.

1. Para. 4.3, supra.

2. Para. 4.2, supra.

3. Para. 4.2, supra.

4. Para. 4.2, supra.

Hindu Widows Re-marriage Act, 1856 Back

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