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Report No. 22

34. Clause 30(1)(ii)-Grounds of divorce-conversion.-

Referring to clause 30(1)(ii) which confers a right on the husband or the wife to sue for divorce on the ground that the respondent has ceased to be a Christian by conversion to another religion, it has been suggested that in such a case, there should be a provision for granting divorce at the instance of the converted spouse also. Advancing the same suggestion with a more limited objective, it is urged that under the Converts' Marriage Dissolution Act, 1886, a person, who is converted to Christianity, could sue for dissolution of marriage when the non-converted spouse deserts or repudiates the convert, and that a provision to that effect should also be inserted in the present clause.

The question of dissolving a marriage contracted before conversion, at the instance of the very party, who becomes a convert, arises not merely when the conversion is to Christianity, but also to other religions, and is one of general importance. In our view there should be a law applicable to all conversions irrespective of the fact whether it is to Christianity or some other religion, and on that basis a separate Report1 has been submitted by the Law Commission. In view of this, there is no need to consider these suggestions in this Report.

1. 18th Report, (Converts' Marriage Dissolution Act).

Christian Marriage and Matrimonial Clauses Bill, 1961 Back

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