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Report No. 15

Clause 61

Sub-clause (1).-It has been made clear that the order awarding cost should be passed after giving the parties an opportunity of hearing.

Following the language of the corresponding provision in the Special Marriage Act, a maximum compensation of one thousand rupees has been imposed.

The Special Marriage Act requires that the objection must not be reasonable and must not have been made in good faith. This wording has been preferred to the existing wording "frivolous and such as not to obstruct" etc., as the former brings out the real ingredients.

Sub-clause (2).-It is felt that the order should be appealable, and hence this sub-clause.

[The corresponding provision in the Special Marriage Act does not provide for appeal from the decision of the Marriage Officer.]

Sub-clause (3).-This will bar any second appeal.

Sub-clause (4).-Departing from the existing provision, it has been provided that a separate suit will not be necessary, and the order will be executable as a decree of the district court. Compare the corresponding provision in the Special Marriage Act.

Report on the Law of Christian Marriage and Divorce Back

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