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Report No. 136

4.10. The law on the subject is, therefore, in need of legislative clarification empowering the Court to take into account subsequent conduct and subsequent events.-

The best course, in the opinion of the Commission, would be to insert at section, say section 21B(la), in the Hindu Marriage Act to the following effect to be inserted between 21B(1) and 21B(2).

"21B(1a). Subsequent events.-In granting relief under this Act, the court shall have power to take into account events subsequent to the filing of the petition, including statements made by a party in the pleadings or in the course of evidence before the court or in affidavits of otherwise, but the court may, in a particular case, refuse to do so in the interests of justice until a plea based on such events is specifically taken in the petition or in the reply thereto, as filed originally or as amended later with the leave of the court, as the case may be."

Conflicts in High Court Decisions on Central Laws - How to Foreclose and how to Resolve Back

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