Report No. 81
2.3. Section 5(i), Hindu Marriage Act.-
This section renders the re-marriage of a widow valid and secures the legitimacy of children. But iri view of section 5(i) of the Hindu Marriage Act, 1955 which provides that a marriage may be solemnised between1 any two Hindus if neither party has a spouse living at the time of the marriage, the special provision contained in section 1 of the Act of 1856 is not now necessary. Clause (i) of section 5 permits a widow to re-marry, as her spouse is not living at the time of marriage. Under this clause, all that is necessary is that the woman intending to marry or re-marry must not have a spouse living at the time of the marriage; it makes no difference whatsoever whether she was or she was not betrothed to another person at the time of the marriage. Section 1 of the Act of 1856 has thus become otiose and should be repealed.
1. Section 5(i), Hindu Marriage Act, 1955.