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Report No. 81

Hindu Widows Re-Marriage Act, 1856

Chapter 1 Introductory
1.1 Scope of the Report
2. Effect of subsequent legislation
3 Position resulting from legislation of 1955 and 1956
4. Social justice
5. Main topics
Chapter 2 Re-Marriage, Maintenance and Succession
2.1. Act of 1856-Genesis
2. Section 1-Validity of re-marriage of widow
3. Section 5(i), Hindu Marriage Act
4. Effect of section 4, Hindu Marriage Act
5. Section 2-Maintenance, intestate succession and testate succession
6. Position as to maintenance
7. Effect of section 2 on absolute interest inherited by widow
8. Construction of section 2 as confined to limited estate
9. Views of Mulla and Gupte
10. Need for repeal of section 2 as regards rights of inheritance
11. Section 24, Hindu Succession Act considered
12. Effect of section on testamentary disposition
13. Repeal of section 2 recommended
Chapter 3 Guardianship
3.1. Section 3-Guardianship of children
2. Effect of section 3 and the Act of 1956
3. No termination of widow's right
4. Overlapping and confusion created by section 3-Repeal
Chapter 4 The Childless widow
4.1. Section 4-Childless widow
2. Likelihood of confusion in view of Hindu Succession Act
3. Position before the Hindu Succession Act
4. Position in Bengal School-Case law before Hindu Succession Act
5. Re-marriage allowed by custom
6. View of text book writers
7. Position of childless daughter in Mitakshara
8. Recommendation to repeal section 4
Chapter 5 Other Rights, Including Adoption
5.1. Section 5
2. Analysis of section 15
3. Effect of subsequent legislation
4. Section 5, earlier half, redundant
5. Adoption
6. Section 5, latter half also redundant
7. Section 5 to be repealed
Chapter 6 Ceremonies for, and Guardianship in, Marriage
I. Ceremonies
6.1. Section 6-Ceremonies
2. Position under Hindu Marriage Act
3. Repeal of section 6 recommended
II. Guardianship in Marriage under Section 7 and The Hindu Law
4. Section 7-Consent to marriage of minor widow
5. Section 7 analysed
6. Guardians under section 7
7. Guardians according to Yajnavalkya
8. Position in Bengal school
9. Effect of marriage without consent of guardian
10. Age of marriage under Hindu law
III. Position under The Hindu Marriage Act, 1955
11. Position under the Act of 1955 as originally enacted
12. Position of father-in-law and mother-in-law
13. Position under the Hindu Marriage Act as amended in 1978
14. Section 7 to be repealed
Chapter 7 Conclusion
Recommendation to repeal
Appendix Historical Background of the Hindu widows Re-Marriage Act, 1856.1
I. Introductory
Indian Law Commissioners 1837
II. Indian Law Commissioners
Opinions of Sudder courts
III. Petitions for reform and draft Bill
Ishwarchundra's petition and draft Bill
Reactions to the Bill
Residents of Upper country
IV. Publication of the Bill
Publication of the Bill for public opinion
Recognition of the right of freedom or conscience-Statement of Objects and Reasons
Legislative history-The Second section
V. Select Committee
Select Committee
Giving of a minor widow in re-marriage
Forfeiture of rights upon re-marriage
Childless widow
Widowed daughter who remarries
Right to make bequest
VI. General Marriage Act
Proposal for General Marriage Act
View of Select Committee on General Marriage Act
VII. Assent to the Bill
Assent to the Bill on 25th July, 1856

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