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Report No. 15

Clause 32

General.-This is new and is based generally on the corresponding provision in the Hindu Marriage Act and the Special Marriage Act.

Sub-clause (1).-While the main paragraph of this sub-clause follows the Hindu Marriage Act and the Special Marriage Act, the proviso has been worded in a slightly different manner. Under the other two Acts, leave can be granted upon application made "in accordance with the rules" etc. This mention of rules etc., has been omitted, as it is considered unnecessary to make such an elaborate provision expressly. Secondly, while under the other two Acts, leave can be revoked only in case of misapprehension or concealment as to the nature of the case, under the clause under discussion, it can be revoked "in the interest of justice".

Thirdly, instead of the complicated procedure provided in the other two Acts as to the order to be passed when leave is revoked, a simple provision has been made that the court will dismiss the petition without prejudice to any subsequent petition which may be brought after the expiry of three years.

The clause will not apply to a decree of divorce after judicial separation'. Sub-clause (2) follows the corresponding provision in the other two Acts.

1. Under clause 31.

Report on the Law of Christian Marriage and Divorce Back

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