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Report No. 59

8.34. Section 27A (New)-Property presented by parents of other party.-

It has been stated1 that blackmail often plays its ugly part in litigation for matrimonial relief. It has been suggested that if it is laid down that whatever is given by the wife's parents to the parties should go to the wife, and vice versa, it will put an end of blackmail in many cases. Apart from this aspect of blackmail, it appears to us that where the marriage comes to an end (or other relief is granted under the Act) shortly after the solemnization of the marriage, justice requires that the court should have power to direct return of the property presented by the wife's parents to the husband or by the husband's parents to the wife.

Broadly stated, our proposal, therefore, is this. If the proceeding under this Act is instituted within six months of the solemnization of the marriage, the court should have power, if it considers it necessary to do so in the circumstances of the case, to make such provision in the decree as it deems just and proper with respect to any property presented at or about the time of marriage to either party by the parent of the other party. For this purpose, "parent" will include a person standing in the relationship of a parent, where the parents are dead or out of India. "Property" should not include articles which the court regards as of trifling value.

1. Suggestion of Shri Vayallar Ravi, M.P., in Legis Deptt. Diary No. D. 1547/73-Leg. II, dated 20-10-73.

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

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