HINDU WIDOWS REMARRIAGE ACT 1856 PDF

The sari was required to be of coarse cloth, preferably white. Irrevocably, eternally married as a mere child, the death of the husband she had perhaps never known left the wife a widow, an inauspicious being whose sins in a previous life had deprived her of her husband, and her parents-in-law of their son, in this one. Doomed to a life of prayer, fasting, and drudgery, unwelcome at the celebrations and auspicious occasions that are so much a part of Hindu family and community life, her lot was scarcely to be envied. No marriage contracted between Hindus shall be invalid, and the issue of no such marriage shall be illegitimate, by reason of the woman having been previously married or betrothed to another person who was dead at the time of such marriage, any custom and any interpretation of Hindu Law to the contrary notwithstanding. Except as in the three preceding sections is provided, a widow shall not by reason of her re-marriage forfeit my property or any right to which she would otherwise be entitled, and every widow who has re-married shall have the same rights of inheritance as she would have had, had such marriage been her first marriage.

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Marriage of Hindu widows legalised 3. Guardianship of children of deceased husband on the remarriage of his widow 4. Nothing in this Act to render any childless widow capable of inheriting 5. Saving of rights of widow marrying, except as provided in sections 2 to 4 6.

Ceremonies constituting valid marriage to have same effect on widows marriage 7. No marriage contracted between Hindus shall be invalid, and the issue of no such marriage shall be illegitimate, by reason of the woman having been previously married or betrothed to another person who was dead at the time of such marriage, any custom and any interpretation of Hindu law to the contrary notwithstanding.

Rights of widow in deceased husbands property to cease on her marriage. All rights and interests which any widow may have in her deceased husbands property by way of maintenance, or by inheritance to her husband or to his lineal successors, or by virtue of any will or testamentary disposition conferring upon her, without express permission to remarry, only a limited interest in such property, with no power of alienating the same, shall upon her remarriage cease and determine as if she had then died; and the next heirs of her deceased husband, or other persons entitled to the property on her death, shall thereupon succeed to the same.

Guardianship of children of deceased husband on the remarriage of his widow. Nothing in this Act to render any childless widow capable of inheriting. Nothing in this Act contained shall be construed to render any widow who, at the time of the death of any person leaving any property, is a childless widow, capable of inheriting the whole or any share of such property, if before the passing of this Act, she would have been incapable of inheriting the same by reason of her being a childless widow.

Saving of rights of widow marrying, except as provided in sections 2 to 4. Except as in the three preceding sections is provided, a widow shall not, by reason of her remarriage forfeit any property or any right to which she would otherwise be entitled; and every widow who has remarried shall have the same rights of inheritance as she would have had, had such marriage been her first marriage.

Ceremonies constituting valid marriage to have same effect on widows marriage. Whatever words spoken, ceremonies performed or engagements made on the marriage of a Hindu female who has not been previously married, are sufficient to constitute a valid marriage shall have the same effect if spoken, performed or made on the marriage of a Hindu widow; and no marriage shall be declared invalid on the ground that such words, ceremonies or engagements are inapplicable to the case of a widow.

Consent to remarriage of minor widow. If the widow remarrying is a minor whose marriage has not been consummated, she shall not remarry without the consent of her father, or if she has no father, of her grandfather, or if she has no such grandfather, of her mother, or failing all these, of her elder brother, or failing also brothers, of her not male relative. Punishment for abetting marriage made contrary to this section. All persons knowingly abetting a marriage made contrary to the provisions of this section shall be liable to imprisonment for any term not exceeding one year or to fine or to both.

Effect of such marriage. And all marriages made contrary to the provisions of this section may be declared void by a Court of law: Proviso. Provided that, in any question regarding the validity of a marriage made contrary to the provisions of this section, such consent as is aforesaid shall be presumed until the contrary is proved, and that no such marriage shall be declared void after it has been consummated. Consent to remarriage of major widow.

In the case of a widow who is of full age, or whose marriage has been consummated, her own consent shall be sufficient consent to constitute her remarriage lawful and valid.

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Hindu Widows' Remarriage Act, 1856

The sari was required to be of coarse cloth, preferably white. It was the first major social reform legislation after the abolition of Sati by Lord William Bentinck. Ishwar Chandra Vidyasagar was the most prominent campaigner. He petitioned the Legislative council, [11] but there was a counter petition against the proposal with nearly four times more signatures by Radhakanta Deb and the Dharma Sabha. Irrevocably, eternally married as a mere child, the death of the husband she had perhaps never known left the wife a widow, an inauspicious being whose sins in a previous life had deprived her of her husband, and her parents-in-law of their son, in this one. Doomed to a life of prayer, fasting, and drudgery, unwelcome at the celebrations and auspicious occasions that are so much a part of Hindu family and community life, her lot was scarcely to be envied.

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Hindu Widow's Re-marriage Act, 1856

Retrieved 17 December Dowry contrasts with the related concepts of bride price and dower. Similarly, dower is the property settled on the bride herself, by the groom at the time of marriage, and which remains under her ownership and control. Dowry is an ancient custom, and its existence may well predate records of it.

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Sinha, J. The fact involved herein is as under : The properties in dispute belonged to one Sri Pervakutty. He allegedly executed a will on In the said Will, provisions were allegedly made for payment of monthly allowance to the wife of Sri Pervakutty, defendant No. Sri Pervakutty died on

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