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Report No. 71

6.9. Calculation of continuous period.-

We may state that according to the English Act,1 in considering the length of period for which the husband and wife have been living apart, no account is taken of any one or more periods, not exceeding six months in all during which the parties resumed living with each other. Such resumption of living together is resorted to sometimes with a view to finding out as to whether the parties can still get reconciled despite living apart for a long time on account of rift in marriage. We do not want to discourage such resumption of living with each other. Such living with each other can also sometimes become necessary because of situations like death in the family or the illness of a child.

In case, however, the law were to require that the period of living apart would have to be calculated afresh from resumption of living with each ether, the spouses would be averse to resuming living with each other. We would, therefore not take into account temporary resumption of living with each other. The total period of such resumed living with each other in our view, should be three months. We are applying this cut in the period of resumed living with each other in the period of six months mentioned in the English law, as we have also applied2 a corresponding cut in the period of five years prescribed by the English law.

1. Section 2(5), matrimonial Causes Act, 1973.

2. Para. 6.8, supra.



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




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