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Report No. 18

Clause 8

This deals with the court to which a petition under the Act will be filed (assuming that Indian courts have jurisdiction under the separate clause.)1

The respondent's residence will be the main basis, but the court within whose jurisdiction the marriage was solemnised or the husband or wife last resided together will also have jurisdiction as in the corresponding provision in the Hindu Marriage Act and the Special Marriage Act.

Paragraph (d) provides for cases not covered by the other paragraphs. If the respondent is residing within India, the matter will be covered by the other paragraphs; but, where he resides outside India, the other paragraphs may not cover the case, though Indian Courts as such have jurisdiction.2 Hence the necessity of this paragraph.3

1. See clause 9.

2. See the next clause.

3. Compare clause 36(3)(d), in Appendix I, 15th Report of this Commission, relating to Marriage and Divorce amongst Christians in India.

Converts Marriage Dissolution Act, 1866 Back

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