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Report No. 81

5.4. Section 5, earlier half, redundant.-

It appears to us that the subsequent codifying legislation on various topics of personal law governing Hindus-namely, succession1, maintenance2, marriage3, guardianship4 and adoption5-covers all the conceivable "property or right" relevant in the context of personal law. Section 5, earlier half, seeks to ensure that there shall be no forfeiture of "any property or any right" by reason of re-marriage except as provided by sections 2, 3 and 4. On a scrutiny of the various topics falling within the field of personal law, we have not been able to find any uncodified topic of Hindu law in regard to which such a rule as is contemplated by section 5 (i.e. a rule of forfeiture of "any property or right" on the re-marriage of a widow) can be said to survive at the present day. In view of this position, the earlier half of section 5 should be repealed as redundant.

1. Chapter 2, supra.

2. Chapter 2, supra.

3. Chapter 2, supra.

4. Chapter 3, supra.

5. See sections 7, 8, 9 and 14(c), Hindu Adoptions and Maintenance Act, 1955 and para. 5.5, infra.

Hindu Widows Re-marriage Act, 1856 Back

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