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Report No. 59

8.33. Recommendation regarding section 25(3).-

Apart from this, it appears to us that the ends of justice would be sufficiently met if the court is given a discretion, instead of being burdened with a duty, to cancel the order for maintenance in case of subsequent unchastity; and we recommend that sub-section (3) of section 25 should be amended on the above lines. It may be noted that such an amendment will override the view taken by some of the High Courts1 that a woman once divorced on the ground of proved unchastity should be "left to the resources of her own immorality and should be refused the lawful means of support by passing a decree for maintenance in her favour."

1. Sardnri Lal v. Vishani, AIR 1970 J&K 150 (152), agreeing with Sachindra v. Bandmali, AIR 1960 Cal 438.

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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