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Report No. 15

76. Repeal.-

(1) The Indian Divorce Act, 1869 (4 of 1869), the Indian Christian Marriage Act, 1872, (15 of 1872) the Indian and Colonial Divorce Jurisdiction Act, 1926, the Indian and Colonial Divorce Jurisdiction Act, 1940, the Indian Divorce Act, 1945, and any enactment corresponding to the Indian Christian Marriage Act, 1872 (15 of 1872), in force in the territories which, immediately before the first day of November, 1956, were comprised in the States of Travancore-Cochin and Manipur are hereby repealed.

(2) Notwithstanding such repeal,-

(a) all marriages duly solemnised under the Indian Christian Marriage Act, 1872, (15 of 1872) or any such corresponding enactment, shall be deemed to have been solemnised under this Act;

[Cf. section 51(2)(a), S.M.A.]

(b) all suits and proceedings in causes and matters matrimonial which, when this Act comes into force, are pending in any court under the Indian Divorce Act, 1869 (4 of 1869) or under the Indian and Colonial Divorce Jurisdiction Act, 1926, or under the Indian and Colonial Divorce Jurisdiction Act, 1940, or under the Indian Christian Marriage Act, 1872 (15 of 1872), or any such corresponding enactment, shall be dealt with and decided by such court as if this Act had not been passed.

[Contrast, section 29(3), H.M.A. and section 51 (2)(b), S.M.A.]

(3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in section 6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the Indian and Colonial Divorce Jurisdiction Act, 1926, the Indian and Colonial Divorce Jurisdiction Act, 1940, the Indian Divorce Act, 1945, the Indian Divorce Act, 1945, and such corresponding enactment.

[Cf. section 51(3), S.M.A.]



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