Report No. 15

Clause 40

Sub-clause (1).-This follows the existing provision in Indian Divorce Act, with the addition of the words "or adulteress"; the added words will cover cases where the wife sues the husband for divorce on the ground of adultery. On this point, the clause follows section 3 of the (English) Matrimonial Causes Act, 1950. The court has also been given discretion to excuse non-compliance with the section on any other ground, as in the English Act.

This scope of the provision has been extended to petitions for judicial separation, where the ground is adultery.

Sub-clause (2)-is entirely new, and has been modelled on the lines of section 3 of the (English) Matrimonial Causes Act, 1950.