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Report No. 18

2. Scope of the proposed legislation.-

It should be mentioned that the legislation which we recommend is restricted to petitions by the convert for dissolution of the marriage, because there is already provision in the existing law for the spouse who remains unconverted to move for dissolution of the marriage. Thus, section 13(1)(ii) of the Hindu Marriage Act, 1955, provides for a decree of divorce being granted in favour of the petitioner on the ground that the other party has ceased to be a Hindu by conversion to another religion.

Under section 32(j) of the Parsi Marriage and Divorce Act, 1936, it is a ground for divorce that the defendant has ceased to be a Parsi. In our Report1 on the law relating to marriage and divorce amongst Christians in India, we have recommended the insertion of a provision that the petitioner can move for divorce on the ground that the respondent "has ceased to be a Christian by conversion to another religion". It would, therefore, be sufficient to limit the proposed legislation to petitions by converts.

1. 15th Report, para. 63, first sub-para, and App. I, clause 30 (i)(ii).

Converts Marriage Dissolution Act, 1866 Back

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