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Report No. 71

7.13. Definition of "hardship" in the English Ad not inserted.-

It is desirable to explain another departure which we are making from the English Act. Section 5(3) of the English Act provides that for the purposes of the section "hardship" shall include the loss of the chance of acquiring any benefit which the respondent might acquire if the marriage were not dissolved. We are of the view that such a provision should not be included in the Act. It seems to cover mere chances, possibilities and expectancies and could be stretched to cover even the loss of the expectancy that the wife might survive the husband and might then inherit his estate by way of intestate succession. We do not, therefore, propose to insert the definition of "hardship" as contained in the English Act.



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




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