Keywords : Hindu Widow, Remarriage, Right in Property, Guardianship of Children
ACT NO. XXIX OF 1989
CONTENTS
Section
- Short title.
- Extent and commencement.
- Marriage of Hindu widows legalised.
- Rights of widow in deceased husband’s property to cease on re-marriage.
- Guardianship of children of deceased husband on the re-marriage of his widow.
- Saving of rights of widow.
Section - Ceremonies constituted valid marriage to have some effect on widow’s
marriage. - Consent to re-marriage of minor widow.
410 - Punishment for abetting, marriage made contrary to section 8. Effect of such
marriage proviso. - Consent to re-marriage of major widow. THE HINDU WIDOW’S REMARRIAGE AND PROPERTY ACT, 1989
(1933 A. D.)
ACT NO. XXIX OF 1989
(Sanctioned by His Highness the Maharaja Bahadur vide Notification dated:
11th April, 1933/30th Chet, 1989 and published in the Government Gazette dated:
8th Baisakh, 1990. ]
Whereas bearing in mind the advance in ideas recently made in Hindu society, the
recognition by the majority of Hindus that the incapacity of Hindu widows to contract a
second valid marriage is harmful to Hindu society and the progress made all over the
world
as also in other parts of India towards the enfranchisement of women, we consider
that the removal of obstacles to remarriage of Hindu widow in the State of Jammu and
Kashmir will lead to the promotion of good morals and to the public welfare; We
therefore, with the object which we have ever in mind of the amelioration of the
condition of our subject of all classes, hereby command as follows:— - Short title. —This Act shall be known as the Hindu Widow’s Re-marriage and
Property Act.
411 - Extent and commencement. —It shall extend to the whole of the Jammu and
Kashmir State and shall come into operation at once. - Marriage of Hindu widows legalised. —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 husband’s property to cease on her remarriage. —All rights and interests which any widow may have in her deceased
husband’s 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 re-marry, only a limited interest in such property, with no
power of alienating the same, shall upon her remarriage cease and determine as if she
then died; and the next heirs el her deceased husband, or other persons entitled to the
property on her death, shall thereupon succeed to the same:
Provided always that, if in any caste of Hindus, widow re-marriage was permitted
prior to the passing of this Act and a widow was not thereby deprived of rights mentioned
in this section, its provision shall not operate to deprive her of such rights. - Guardianship of children of deceased husband on the remarriage of his
widow. —If, on the re-marriage of a Hindu widow with children, of whom she has not
been expressly constituted by the will or testamentary disposition of the deceased
husband the guardian of his children but is the natural guardian or one appointed by a
Court, a claim to their guardianship should be made by another person, the matter shall
be decided by a petition to the District Judge who shall be guided in retaining the mother
as guardian or making another appointment according to the best interests of the minors
without reference to the preferential rights of the mother:
412
Provided that, when the said children have not property of their own sufficient for
the support and proper education whilst minors, no person other than the mother shall be
appointed unless the proposed guardian shall have given security for the support and
proper education of the children whilst minors. - Saving of rights of widow marrying. —Except as provided in the two
preceding sections, 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 re-married
shall have the same rights of inheritance as she would have had, had such marriage been
a first marriage. - Ceremonies constituting valid marriage to have same effect on widow’s
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 re-marriage of minor widow. —If the widow remarrying is under
16 years of age whose marriage has not been consummated, she shall not be re-married
without the consent of her father, or if she has no father, of her paternal grandfather, or if
she has no such grandfather, of her mother, or failing all these, of her elder brother, or
failing also her brothers, of her next male relative. - Punishment for abetting marriage made contrary to section
- Effect of such marriage Proviso. —All persons knowingly abetting a
marriage made contrary to the provisions of section 8 shall be liable to simple
imprisonment for any term not exceeding one year, or to fine, or to both. And all
413
marriages made contrary to the provisions of this section may be declared void by the
District Court:
Provided that, in any question regarding the validity of a marriage made contrary
to the provisions of this section, such consent as aforesaid shall be presumed until the
contrary is proved, and that no such marriage shall be declared viod after it has been
consummated. - Consent to re-marriage of major widow. —In the case of a. widow who is
not under 16 years of age, or whose marriage has been consummated, her own consent
shall be sufficient to constitute her remarriage lawful and valid.
