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Report No. 71

6.7. Replies to Question 3.-

We may note that the replies received to Question 3 of our Questionnaire suggest periods ranging from six months to ten years. The period of six months has been suggested by one lady Advocate,1 while the period of ten years has been suggested by a retired Judge of the High Court.2

In between the two extremes (six months and ten years) there is a wide range. Thus several replies to the Questionnaire favour a period of one year.3 One of them,4 however, states that the marriage itself must have subsisted for at least three year. The period of two years has been suggested in one of the replies.5 The period of three years has been suggested by a High Court Judge.6 A State Government suggests a period of four years.7

A woman lawyer suggests three or five years.8

Preference for a period of five years has been expressed in several replies,9 including that of a High Court Judge.10

One reply suggests a period of seven years.11

1. S. No. 19.

2. S. No. 17.

3. S. Nos. 1.7, 11.13 and 19A.

4. S. No. 19A.

5. S. No. 15.

6. S. No. 25.

7. S. No. 31.

8. S. No. 19.

9. S. Nos. 5, 6, 10 and 19 (3 or 5 years).

10. S. No. 34.

11. S. No. 2.

The Hindu Marriage Act, 1955 - Irretrievable breakdown of Marriage as a Ground of Divorce Back

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