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Report No. 81

5.6. Section 5, latter half also redundant.-

This disposes of the earlier half of section 5. The latter half of section 5 relates more specifically to the rights of inheritance of a widow. It equates her re-marriage to a first marriage for the purpose. As the section stands at present, the proposition that "every widow who has re-married shall have the same rights of inheritance as she would have had, had such marriage been her first marriage" no longer requires express enunciation. The law of intestate succession, as codified in the Hindu Succession Act, implicitly recognises this proposition1 and recognises no distinction as regards the rights of inheritance of a wife (widow), whether it is her first marriage or not. Thus, section 5, latter half is also now redundant. Even if the words "every widow who has remarried" can aptly apply to post-1856 remarriage, this part of the section has now lost all its utility.

1. Chapter 2, supra.

Hindu Widows Re-marriage Act, 1856 Back

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