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Hindu Marriage Disabilities Removal Act, 1946

Act· 1946· 2 pages
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Summary

The Hindu Marriage Disabilities Removal Act, 1946 (Act XXVIII of 1946) removes certain traditional restrictions on marriage between Hindus. Section 1 extends the Act to the whole of Pakistan, per a 1960 amendment noted in the extract; the Act itself was originally extended to various regions (Balochistan, Gwadur, and former princely states) through separate notifications listed in the footnotes.

Section 2 is the operative rule: notwithstanding any text, rule, or interpretation of Hindu law, or any custom or usage, a marriage between Hindus that is otherwise valid is not invalidated merely because the parties belong to the same gotra or pravara (traditional clan/lineage groupings), or because they belong to different sub-divisions of the same caste.

In effect, this is a narrow validating law removing specific traditional-law obstacles (same-gotra and cross-sub-caste) to an otherwise valid Hindu marriage, similar in spirit to the Arya Marriage Validation Act, 1937.

Given its age (1946) and the layered extension/amendment history shown in the footnotes, current applicability to specific regions or cases should be checked against the official text.

Key topics

Hindu marriage lawgotra and caste restrictionsmarriage validitypersonal law reform

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