cover image: The Calcutta Law Journal  Short Notes of Cases  Articles and other Matters  June 16th  1930

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The Calcutta Law Journal Short Notes of Cases Articles and other Matters June 16th 1930

1930

The Arya-Samaj Marriage (Validation) Bill is a very modest measure ; it only consists of three sections besides an " explantion" to section 2. The preamble sets out the object of the Bill—" To finally recognize and place beyond doubt the validity of Arya-Samajists' Intemarriages." The sort of inter-marriage the Bill is to provide for is to be gathered partly from the Statement of Objects an [...] The first section of the Bill relates to the usual " short title" and "extent": the Bill extends to the whole of British India with of course retrospective effect as regards marriages solemnized before the operative date of the Bill. [...] an Act to remove doubts as to the validity of the marriage ceremony among the Sikhs called Anand') the term Sikh ' is deliberately left undefined and apparently for the same reason as has hitherto influenced the Legistature to refrain from defining the term Hindu. [...] There is a curious proviso' miscalled Explanation' to section 3. Provided the document is registered under the prvisions of the Indian Registration Act 1908 the document itself and no other evidence in derogation of the admission therein contained shall.be admissible on the question as to the status of such registered ' documentary' Arya Samajist. [...] Hindu Law to be administered by the Courts consists besides the Sashtras which claim divine sanction and of the usages or approved habitual practices of these communities and if according to the usage of the community a marriage is valid or the community recognize a marriage as valid then in the absence of any statutory prohibition I fail to see why it should not be recognized as valid even w
law
Pages
10
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal Short Notes of Cases Articles and other Matters June 16th 1930
77-86 Ashutosh Mukerji, Ramendra Majumdar view

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