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Report No. 71

7.6. Recommendation as to children.-

We do not think that the presence of children should operate as a total bar to the grant of a decree of divorce. How ever, we are of the view that where divorce on the ground of irretrievable breakdown of marriage is sought, the court should take into account the interests of children. Where financial provision needs to be made for the maintenance, support and education of children, there exist provisions on the subject in the Act. The fact that there are children is obviously a matter that lends emphasis to the need for making appropriate orders under these provisions.

Accordingly, we are recommendin1 the insertion of a provision on the subject. The principal objective sought to be achieved by the provision relating to children of the marriage may be stated at this stage. The Court shall not pass a decree of divorce under the new provision relating to irretrievable breakdown unless the Court is satisfied that adequate provision for the maintenance of children, born out of marriage, referred to below has been made consistently with the financial capacity of the parties to the marriage.

This provision will apply to-

(a) minor children;

(b) unmarried or widowed daughters who have not the financial resources to support themselves; and

(c) children who, because of special condition of their physical or mental health, need looking after and have not the financial resources to support themselves.

1. See Chapter 8, infra.

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

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