Section 040 in The Hindu Widows' Remarriage Act, 1856
040.
[25th June, 1856]An Act to remove all legal obstacles to the marriage of Hindu widows.Whereas it is known that, by the law as administered in the Civil Courts established in the territories in the possession and under the Government of the East India Company, 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 consciences;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:
