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Report No. 15

Appendix II

Notes on Clauses

Clause 1

Title.-The word "Indian" has been omitted in consonance with recent legislative practice. The words "and Matrimonial Causes" have been used, instead of the word "divorce", since "divorce"' is a narrower expression than "matrimonial causes".

Extent.-The reasons for extending the new Act to Manipur and Travancore-Cochin have already been stated.1

1. See the body of the Report, para. 3.

(i) Marriage

Application.-The Act will apply to all marriages solemnised within India. This result has been achieved by the extent clause, which applies the Act to the whole of India except the State of Jammu and Kashmir. As regards the extra-territorial operation of the Act, Indians domiciled in the territories to which the Act extends will, if Christians, be governed by the Act, wherever they are. (It is considered unnecessary to add the requirement that they must be citizens of India).

(ii) Matrimonial causes

As regards matrimonial causes, the separate clause dealing with the jurisdiction of Indian courts may be seen.1

The application of the Act to any person is, of course, subject to the provisions laying down certain restrictions2 on the powers of court-a proposition which, it is felt, need not be expressly enacted in this clause.

Commencement.-The provisions relating to recognition of churches should come into force at once, so that the necessary machinery may be set up and recognition granted before the substantive provision comes into force. Though the General Clauses Act may also ensure this, still, to avoid all doubts, a specific provision has been made.

1. See draft clause 35.

2. Draft clauses 34 and 35.

Report on the Law of Christian Marriage and Divorce Back

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