| Contents |
| 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Section 5 to be repealed |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 |
|
Pandits |
| 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 |
|
Inheritance |
|
Conversion |
|
Unchastity |
|
Giving of a minor widow in re-marriage |
|
Forfeiture of rights upon re-marriage |
|
Adoption |
|
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 |
