Report No. 15
79. Confirmation by High Court (King's Proctor).-
Section 17 of the Indian Divorce Act provides for a decree for dissolution passed by a District Judge being confirmed by a special Bench of the High Court. We see no need for such a provision. The decree of divorce passed by the district court would be open to appeal like other decrees of that court, and that, in our opinion, is sufficient. We have also come to the conclusion that section 17A of the Indian Divorce Act, 1869, may be omitted, because that provision does not appear to have been availed of in practice to any appreciable extent. The purpose of that section will be sufficiently served by retaining the procedure for the passing of a decree nisi1.
1. See para. 77, supra.
80. Minor changes.-
We have explained the important proposals above. Our recommendations on minor matters relating to the subject are explained in the notes on clauses.