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Report No. 59

9.13. Section 22, Special Marriage Act, (Restitution).-

Section 22 of the Special Marriage Act deals with the restitution of conjugal rights. Withdrawal from society without reasonable excuse furnishes the cause of action for claiming this relief. We are of the view that it would be made clear that the burden of proving reasonable excuse should be on the opposite party1. We recommend that section 22 should be amended accordingly.

1. Cf recommendation as to section 9, H.M.A.

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

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