THE TRAVANCORE HINDU WIDOWS' REMARRIAGE REGULATION, 1114

PREAMBLE

A Regulation to remove all Legal Obstacles to the Marriage of Hindu Widows in Travancore.

Passed by His Highness The Maharaja of Travancore under date the 22nd September 1938 corresponding to the 6th Kanni 1114 under Section 23 of Regulation II of 1108.

Whereas the removal of all legal obstacles to the marriage of Hindu widows in the State will tend to the promotion of good morals and to the public welfare and whereas it is just to hold the offspring of such marriages as legitimate; It is enacted as follows:-

Regulation - 1. Short title extent and commencement.

(i)       This Regulation may be called the Travancore Hindu Widows' Re-marriage Regulation.

(ii)      It shall extend to the whole of Travancore.

(iii)     This Regulation shall apply to all marriages of Hindu widows contracted before the commencement of, and subsisting on the date of, this Regulation, or contracted on or after the commencement of this Regulation whether such marriages be allowed by custom or not.

(iv)    It shall come into operation at once.

Explanation:- Unless there be anything repugnant in the context, the term "Hindu" used in this Regulation means any person governed by the Hindu Law.

Regulation - 2. Marriage of Hindu widows legalized.

Notwithstanding any custom and any interpretation of Hindu Law to the contrary, 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 any other person who was dead at the time of such marriage.

Regulation - 3. Ceremonies constituting valid marriage to have the same effect on widow remarriage.

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 in the case of a widow.

Regulation - 4. Consent to the remarriage of a widow who has not completed sixteenth year.

A widow who has not completed her sixteenth year shall not remarry without the consent of her father, or if she has no father, of her mother, or if she has no mother, of her elder brother, or failing also elder brothers, of her next male relative.

The consent of the guardian shall be presumed until the contrary is proved.

In the case of a widow who has completed her sixteenth year, her own consent shall be sufficient to constitute her remarriage lawful and valid.

Regulation - 5. Rights of widow to cease on her remarriage.

All rights and interest 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 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.

Regulation - 6. Guardianship of children of deceased husband on the remarriage of his widow.

On the remarriage of a Hindu widow, if neither the widow nor any other person has been expressly constituted by the will or testamentary disposition of the deceased husband the guardian of his children, the father or paternal grand-father or any male relative of the deceased husband, may petition the District Court having jurisdiction in the place where the deceased husband was domiciled at the time of his death for the appointment of some proper person to be guardian of the said children, and thereupon it shall be lawful for the said Court, if it shall think fit, to appoint such guardian, who when appointed shall be entitled to have the care and custody of the said children, or of any of them during their minority, in the place of their mother; and in making such appointment the Court shall be guided so far as may be by the laws and rules in force touching the guardianship of children who have neither father nor mother:

Provided that, when the said children have no property of their own sufficient for their support and proper education whilst minors, no such appointment shall be made otherwise than with the consent of the mother unless the proposed guardian shall have given security for the support and proper education of the children whilst minors.

Regulation - 7. Saving of rights of widows remarrying.

Except as is 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 remarried shall have the same rights of inheritance as she would have had, had such marriage been her first marriage.