22 HINDU LAW

The important Legislations which have modified, altered and supplemented the
textual Hindu Law are as follows :
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\ (7) The Caste Disabilities Removal Act, 1850 (The Freedom of Religion Act). — A
person renouncing his religion or losing his caste is not deprived of his rights of inheritance under the Act.
The Hindu Widows' Remarriage Act, 1856. — The Act legalized remarriage of Hindu widows in certain cases
and declared their rights and disabilities on remarriage.
17. Vdhao v. Beshar. AIR 1946 Nag. 203.
(3) The Native Converts Marriage Dissolution Act, 1866. — A Hindu who converts to Christianity may obtain
a dissolution of marriage under circumstances laid down in the Act, though under the pure Hindu Law,
marriage being a sacrament, would not be dissolved.
> (4) The Special Marriage Act, 1872. — (As amended in 1923 and now as repealed by Act 43 of 1954).
,(5) The Indian Majority Act, 1875. — Except in cases of marriage, divorce and adoption, the age of majority
has been fixed on the completion of the 1 8th year.
. (6) The Transfer of Property Act, 1882. — It superseded the Hindu Law relating to transfer of property.
\ (7) The Guardians and Wards Act, 1890. — It applied to appointment of guardians by the Court.
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(8) The Hindu Disposition of Property Act, 1916. — It allowed bequests to an unborn person.
(9) The Indian Succession Act, 1935. — It modified the Hindu Law relating to Wills.
(10) Inheritance (Removal of Disabilities) Act, 1928. — It amended the Hindu Law (except Dayabhaga)
relating to exclusion from inheritance of certain classes of heirs on account of physical defects.
(//) The Hindu Law of Inheritance (Amendment) Act, 1919. — It altered the order of heirs on intestate
succession and created new female heirs.
The Child Marriage Restraint Act, 1929 (Sharda Act). — The Act related to the restraints on the solemnisation
of child marriages.
(13) The Hindu Gains of Learning Act, 1930. — It provides that the property acquired by a coparcener by
means of learning becomes his separate property.
'~ (14) The Hindu Women's Right to Property Act, 1937. — This Act gave better rights to women. Under the
Act, a widow of a deceased Hindu was entitled to get a share alongwith the son.
(15) The Arya Marriage Validation Act, 1937. — This Act recognised the validity of inter-caste marriage
current among the Arya Samajists, whether Hindus or converts from other religions.
(16) The Hindu Marriage Disabilities Removal Act, 1946. — (Now repealed by Hindu Marriage Act 25 of
1955).
f/7) Hindu Married Women's Right to Separate Residence and Maintenance Act, 1949. — It gave the Hindu
wife the right to reside separately and to get maintenance from the husband in certain cases. See the Chapter on
"maintenance." [Now repealed by Hindu Adoptions and Maintenance Act 1956].
(18) Hindu Marriages Validity Act of 1949. — (Now repealed by Hindu Marriage Act 25 of 1955) — It laid
down that no marriages between Hindus shall be deemed to be invalid or even to have been invalid by reason
only of the fact that the parties thereto belonged to different relgions, castes, sub-castes or Sects.

SOURCES OF HINDU LAW 2 3

(79) The Special Marriage Act, 1954.
(20) The Hindu Marriage Act, 1955.— This Act has made thorough changes in the law of marriage.
(21) The Hindu Minority and Guardianship Act, 1956.
(22) The Hindu Succession Act, 1956.
(23) The Hindu Adoptions and Maintenance Act, 1956.
(24) The Child Marriage Restraint (Amendment) Act, 1978.—Child marriage is defined in the Act as the
marriage in which one of the parties to the marriage is a child. Child means a person, who, if male, is below
the age of 21 years, and, if female, is below the age of 18 years. Child marriage has been made punishable
under the Act.
(25) Marriage Laws (Amendment) Act, 1976.—It introduced some more changes of far reaching effect e.g.
divorce by mutual consent; similarity of grounds in divorce and judicial separation and relaxation in the
rigorous process of obtaining divorce, etc.
(26) Hindu Succession (Amendment) Act, 2005.—This amending Act has brought about far-reaching changes
in the Hindu Succession Act. Daughter of a coparcener has been made a coparcener in the Mitakshara
Coparcenary. On the death of a coparcener in the Mitakshara coparcenary, statutory partition of the
coparcenary property would be effected. A female coparcener has also the power of making will of her interest
in the Mitakshara coparcenary property.
In addition to above, the following Acts should also be noted : (7) The Indian Contract Act, 1872.
(2) The Indian Evidence Act, 1872.
(3) The Indian Penal Code, 1860.