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Report No. 15

74. Course adopted as to forum.-

On the second aspect, that is municipal jurisdiction, we have provided that a petition in a matrimonial cause may be presented to the district court within whose local limits the respondent is residing at the time of the petition, or the marriage was solemnised, or the husband and wife last resided together; and with a view to minimising delay and expense, we have enlarged the definition of 'district court' in section 3 of the Indian Divorce Act, 1869, so as to include any other court which may be notified by the State Government. We have further provided that the petition might be presented in the District Court within whose jurisdiction the petitioner resides at the time of the presentation of the petition, provided the respondent is, at that time, residing outside India1.

1. See also Appendix II, Notes on clauses, under clause 36.

Report on the Law of Christian Marriage and Divorce Back

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