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Report No. 71

6.8. Recommendation as to Question .-

Period of living apart.-On a careful consideration of the matter, we have come to the conclusion that a period of three years' continuous living apart would be just and fair. We note that the period in the English Act1 is five years. But we should point out that matrimonial proceedings in India take a considerable time for their disposal. By the time the decree is passed, the period of continuous living apart would, in practice, exceed even five years in the majority of cases. We are, therefore, of the view that a period of three years' continuous living apart immediately before the presentation of the petition should be enough. While, on the one hand, it would leave adequate time for reflection and would not be inconsistent with the stability of marriage, on the other hand, it would not be intolerably long so as to promote immorality or further bitterness.

1. Section 1(2)(e), Matrimonial Causes Act, 1973.

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

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