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Report No. 81

6.5. Section 7 analysed.-

The position resulting from section 7 of the Act of 18561 can be thus analysed-

(a) A widow who is a minor and whose marriage has not been consummated can re-marry only with the consent of her guardian. This is enacted expressly in the first paragraph of the section.

(b) A widow who has attained majority can re-marry without the guardian's consent, irrespective of the fact whether the marriage has been consummated or not. This seems to follow by implication from section 7, there being no prohibition expressly enacted in this regard.

(c) A widow whose marriage has been consummated is also competent to re-marry without such consent, even if a minor. This also seems to follow by implication from section. We shall deal later2 with "minority" in the context of marriage.

1. Para. 6.4, supra.

2. Para. 6.10, infra.

Hindu Widows Re-marriage Act, 1856 Back

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