Report No. 15
Clause 70
The clause under discussion is merely intended to protect Ministers of Church in cases where, by the rules of their Church, they are prohibited from solemnizing a particular marriage.
It will take the place of section 58 of the Indian Divorce Act, and widen the scope of that section, by
(i) applying it to Ministers of all recognised Churches, and
(ii) allowing the protection not only where the Minister's objection to solemnizing the marriage is based on the parties being divorced (as at present), but also in any case where the rules of his Church do not allow it.
It is considered unnecessary to embody the protection against suits etc. contained in existing section 58, latter part, Divorce Act.
Section 59 of the Divorce Act, which requires that in such case any other Minister should be allowed to solemnise the marriage in that church building has been omitted as unnecessary. Parties can, in such cases, go to any other church building.
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