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Report No. 15

46. Disposal of property.-

(1) In any proceeding under Chapters IV to VII, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of the marriage, which may belong jointly to both the husband and the wife.

(2) In any case in which the court pronounces a decree for divorce or nullity of marriage, the court may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders, with reference to the application of the whole or any part of the property so settled (whether the settlement is for the benefit of the children of the marriage or of the parties to the marriage or both), as the court thinks fit.

[Section 40, main pars, Divorce Act]
[Cf. section 25, M.C.A.]

(3) The court shall not make any order under sub-section (2) for the benefit of the parents or either of them at the expense of the children.

[Section 40, proviso, Divorce Act.]

Report on the Law of Christian Marriage and Divorce Back

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