Report No. 15

Clause 43

The provisions regarding damages from adulterer or adulteress, at present contained in sections 34 and 39, 3rd para., of the Indian Divorce Act, have been placed here in a simplified form. The language of section 30 of the (English) Matrimonial Causes Act, 1950 has been followed, as more precise and brief.

The changes of substance axe:-

(a) The right has been given to the wife also.

(b) The provision for a mere claim for damages has been omitted as repugnant to modern ideas and likely to lead to black-mail.1

1. For a detailed discussion, see the body of the Report, para. 66.