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Report No. 15

Clause 74

This is new. Since the grounds which render a marriage void under the new Act are not co-extensive with those given in section 19 of the Indian Divorce Act, it is considered proper to ensure that a marriage performed before the new Act will not be rendered void by the new provision. (For example, the existing Indian Divorce Act does not contain a list of prohibited degrees, though section 19 mentions it as a ground of nullity.)

[So far as voidable marriages are concerned, the matter has been dealt with in the very clause1 dealing with voidable marriages].

It may be noted, that the clause under discussion will apply also to marriages solemnised outside India, i.e., marriages solemnised not under the existing Christian Marriage Act but under the law of the foreign country where they are solemnised.

Placing.-It is considered that this savings should appear at the end, and not in the main clause2 dealing with void marriages. Hence it has been placed here.

1. Clause 28.

2. Clause 27.

Report on the Law of Christian Marriage and Divorce Back

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