Report No. 81

Chapter 6

Ceremonies for, and Guardianship in, Marriage

I. Ceremonies

6.1. Section 6-Ceremonies.-

Section 6 of the Act of 1856, in substance, provides that if the ceremonies performed would have constituted a valid marriage for a Hindu woman, had she been a virgin, those same ceremonies would constitute a valid marriage if the woman is a widow. The importance of the section is illustrated by an Oudh case1. A widow was married in the traditional Brahma form, but without the religious rites and ceremonies and the re-marriage was held not to have been established. There can be no valid marriage in any form even under this Act without a substantial performance of the requisite religious ceremonies.

1. Ram Pearay v. Kailasha (Mst.), AIR 1930 Oudh 426 (428).