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Report No. 22

42. Clause 36(3)-Court to which petition to be made-backward areas.-

It has been suggested that in backward areas, such as the Union Territory of Tripura, there are no communications and parties are uneducated, and that to confer jurisdiction on the ordinary civil courts in matrimonial cases in such an area would be most inconvenient. But decisions on matrimonial disputes must, have serious repercussion on family life, and they must be entrusted to competent courts. There is no reason why, on such a matter, the people of Tripura should be dealt with differently from Christians in other places.

Even now, the Indian Divorce Act, 1869, applies to the whole of India (except Jammu and Kashmir) including Tripura, and gives jurisdiction to the civil courts. The proposal in the Bill does not introduce any change in the existing law. What is now suggested is that a departure should be made from the existing law. We are unable to accept the suggestion. In this connection, it may be noted that the expression "District Court" is so defined as to include any court subordinate to a District Court, which may be specified in this behalf.

Christian Marriage and Matrimonial Clauses Bill, 1961 Back

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