Hindu Widow’s Marriage
Many Hindu believe that is imputed legal incapacity although it is in accordance with established custom is not in accordance with the true interpretation of the precepts of their religion and desire that the civil law administered by the Courts of Justice shall longer prevent those Hindus who may be so minded from adopting a different custom in accordance with the dictates of their own conscience.
Under section 1 of the Hindu’s Marriage Act 1856 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.
In case of widow who is of full age or whose marriage has been consummated here own consent shall be sufficient consent to constitute her remarriage lawful and valid.
Right of Hindu Widow in deceased husband’s Property to cease on her remarriage
Under section 2 of the Hindu Widow’s Marriage Act 1856 all right and interests which any widow may have in here 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 remarry only a limited interest in such property with no power of alienating the same shall upon her marriage cease and determine as if she had then died and the next heirs of her deceased husband or other person entitled to the property on her death shall thereupon succeed to the same.
Except the above a widow shall not by reason or her remarriage forfeit any property or any right to which she would otherwise be entitled any every widow who has remarried shall have the same rights of inheritance as she would have had such marriage been her first marriage.