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Report No. 81

5.2. Analysis of section 15.-

It is really this section which reflects in direct terms the central theme of the Act1-"to remove all legal obstacles to re-marriage". The section can be divided into two parts. The earlier half, which ends with the words "to which she would otherwise be entitled", is expressed in general terms, so as to bar the forfeiture of "any property or any right", except as otherwise provided in sections 2-4. By way of illustration of a right which remains unaffected by sections 2-4, we may refer to the position of the widow vis-a-vis her right to inherit to the estate of a son by her first marriage who died after the widow's re-marriage.

By her re-marriage, the widow does not lose her rights to succeed thereafter to her son or other lineal successor of her husband2. It was not the intention of the legislature to deprive a Hindu widow, upon her re-marriage, of any right or interest which she had not at the time of her re-marriage. The argument that the widow (mother) on her re-marriage was "civilly dead" has also been specifically rejected in one of the Bombay cases3 on the subject4. At the time of re-marriage, she had no interest in her husband's property.

1. Para. 2.1, supra.

2. (a) Akora Suth v. Boreani, (1868) 2 Bengal Law Reports 199 (205, 206) (Peacock, C.J. & Jackson, J.);

(b) Chamar Haru Dalmal v. Kashi, 1902 ILR 26 Born 388;

(c) Basappa v. Ragava, 1904 ILR 29 Born 91;

(d) Lakshmana Sasamallo v. Siva Sasamallavani, 1905 ILR 28 Mad 425 (427).

3. Basappa v. Ragava, 1904 ILR 29 Born 91 (93).

4. See also Mantorabai v. Paretanbai, AIR 1972 MP 145.

Hindu Widows Re-marriage Act, 1856 Back

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