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Report No. 15

Clause 42

As to the substance of this clause the reasons have been already stated.1

The language of section 12(1) and section 12(2) of the (English) Matrimonial Causes Act, 1950 has been followed in place of existing section 16 of the Indian Divorce Act, since the former is more precise and simple.

Sub-clause (3) is intended to deal with a case where a party, after having obtained decree nisi, does not take steps to get it made absolute. The respondent should not, in such cases be allowed to remain at the mercy of the petitioner (decree-holder), and hence the sub-clause confers upon the respondent the right to apply to the court, which can deal with the case in such manner as it thinks fit.

Section 12(3) of the (English) Matrimonial Causes Act, 1950, may be compared.

1. See the body of the Report, paras. 77-78.

Report on the Law of Christian Marriage and Divorce Back

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