The Jammu and Kashmir Hindu Widows Re-marriage and Property Act, 1933

This Act shall be known as the Hindu Widow's Re-marriage and Property Act.

It shall extend to the whole of the Jammu and Kashmir State and shall come into operation at once.

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.

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.

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:

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.

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.

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.

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.

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 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.

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 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.

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.