Report No. 15

Chapter VIII

Jurisdiction and Procedure

34. Relief to be given to Christians only.-

Nothing contained in this Act shall authorise any court to grant any relief under Chapters IV to VII, except where-

(a) both the parties to the marriage are Christians at the time of the presentation of the petition; or

(b) both the parties to the marriage were Christians at the time of the marriage, and at least one of the parties is a Christian at the time of the presentation of the petition; or

(c) the marriage was solemnised under any enactment repealed hereby, and at least one of the parties is a Christian at the time of the presentation of the petition.1

[Section 2, 2nd para, Divorce Act.]

1. The following alternative draft can also be considered:-

"No court shall grant any relief under Chapters IV to VII except where at least one of the parties was a Christian at the time of the marriage and continued to be so till the institution of the proceeding".

This is wider in some respect than the main draft, because it will cover cases where a Christian and a non-Christian marry outside India (or though this can happen very rarely even within India, where the personal law of the non-Christian allows such marriage) and one of the parties petitions for matrimonial relief. It is, however, narrower in one respect than the main draft, because, it will not apply to cases where, for example, two non-Christians marry and then become converts to Christianity.

It is narrower than the existing section, by requiring that one party should have been a Christian at the time of the marriage also.