The Hindu Widow's Re-marriage Act, 1856

( ACT NO. XV OF 1856 )

[ 25th July, 1856 ]
An Act to remove all legal obstacles to the marriage of Hindu Widows.
  Preamble
 
WHEREAS it is known that, by the law as administered in the Civil Courts 1[* * *], Hindu widows with certain exceptions are held to be, by reason of their having been once married, incapable of contracting a second valid marriage, and the offspring of such widows by any second marriage are held to be illegitimate and incapable of inheriting property;
 
 
AND WHEREAS many Hindus believe that this imputed legal incapacity, although it is in accordance with established custom, is not in accordance with a true interpretation of the precepts of their religion, and desire that the civil law administered by the Courts of Justice shall no longer prevent those Hindus who may be so minded from adopting a different custom, in accordance with the dictates of their own conscience;
 
 
AND WHEREAS it is just to relieve all such Hindus from this legal incapacity of which they complain, and the removal of all legal obstacles to the marriage of Hindu widows will tend to the promotion of good morals and to the public welfare;
 
 
It is enacted as follows:-
 

CONTENTS

SECTIONS

1. Marriage of Hindu widows legalized

2. Rights of widow in deceased husband's property to cease on her re-marriage

3. Guardianship of children of deceased husband on the re-marriage 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 widow's marriage

7.Consent to re-marriage of minor widow

Punishment for abetting marriage made contrary to this section.

Effect of such marriage.

Consent to re-marriage of major widow.