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Report No. 136

4.15.3. How to resolve the conflict?-

The real controversy centres round the debate as to whether the inherent powers under section 151 of the Code of Civil Procedure can be invoked in a petition under the Hindu Marriage Act in order to do complete justice between the facilities having regard to the fact that section 27 of the Act is not happily worded so as to cover within its sweep incidental disputes of this nature. The Allahabad view that inherent powers can be invoked to pass incidental orders on related matters of this nature deserves to be adopted in order to once and for all put an end to all the legal disputes arising out of their marital tie.

Otherwise the spouse, say; the wife, who complains that the property gifted to her, being her separate and exclusive property kept at the matrimonial house, is being held back by the husband will have to file a separate suit. Taking of such a view will result in multiplicity of proceedings, more investment of time, costs, and running to lawyers and courts and another round of litigation increasing avoidable work load in the courts. The Allahabad view, therefore, deserves to be adopted. Section 27 accordingly needs to be amended and words 'or exclusively' should be added after the words 'which may belong jointly' and before the words 'to both the husband and wife', and the Law Commission recommends accordingly.

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

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