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Report No. 15

59. Judicial separation and non-resumption of cohabitation.-

Under section 27(1) of the Special Marriage Act, it would be a ground for divorce if the respondent has not resumed cohabitation for a period of two years or upwards after the passing of a decree for judicial separation. We have, as already explained1, provided that, on these facts it would be open to the petitioner to apply for divorce in the very proceeding in which a decree for judicial separation had been passed. There is therefore no need to make this a distinct ground for a petition for divorce.

1. See para. 44, supra.

Report on the Law of Christian Marriage and Divorce Back

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