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Report No. 15

52. Leprosy.-

Under section 13(1)(iv) of the Hindu Marriage Act, it is a good ground for divorce that the respondent has been suffering for a period of not less than three years immediately preceding the presentation of the petition from a virulent and incurable form of leprosy. There is a similar provision in section 27(g) of the Special Marriage Act, but it differs from section 13(1)(iv) of the Hindu Marriage Act in two respects. It does not contain the limitation that it should be virulent and incurable. But obviously that must have been the intention. It is further provided in section 27(g) that it is not a ground for divorce if the leprosy has been contracted from the petitioner. We do not think that any such limitation need be imposed, and we have adopted the provisions of the Hindu Marriage Act as more just.

Report on the Law of Christian Marriage and Divorce Back

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