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Report No. 22

39. Clause 33-Remarriage of divorced persons.-

With reference to clause 33 which allows remarriage after final decree of divorce, it has been suggested that at least one year should elapse between the final order of divorce and remarriage; such a provision, it is argued, will act as a moral check on the parties as well as on the society. We may, however, point out that the Bill prescribes an interval between the decree nisi and the decree absolute for divorce-clause 42.

The purpose of prohibiting marriage after the dissolution, namely, to prevent resort to divorce proceedings for getting rid of the wife so as to be able to marry another woman is, as pointed out in our previous Report,1 better served by prescribing an interval between the two decrees as proposed in the Bill, rather than by having a provision barring remarriage after the final decree. Questions of paternity of children born after the final decree would also not arise when a minimum interval between the two decrees is laid down. No change is, therefore, necessary in the Bill on this point.

1. 15th Report, para. 78.

Christian Marriage and Matrimonial Clauses Bill, 1961 Back

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