Report No. 15

Clause 46

General.-The provisions of section 39, first para., Divorce Act, authorising the court to order settlement of the wife's property for the benefit of the husband and the children, have been omitted. It is felt that as the power to award maintenance is proposed to be widened, the power of the court to order settlement of the spouse's property or to vary settlements, is not needed.1

Sub-clause (1).-This is new and has been inserted on the lines of the corresponding provision in the Hindu Marriage Act.

Sub-clause (2).-Where there is already in existence a settlement, there is no harm if the power of the court to direct the application of the property, contained in section 40 of the Indian Divorce Act, is retained. It has been embodied here, with slight verbal changes made for clarity.

Sub-clause (3) does not need any comments.

1. For a detailed discussion, see the body of the Report, paras. 67-68. Contrast section 24, M.C.A. and the Royal Commission's Report on Marriage and Divorce, 1955, para. 512, et seq.