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Report No. 59

9.29. Section 37(3).- Section 37(3) of the Special Marriage Act provides as follows:-

"(3) If the district court is satisfied that the wife in whose favour an order has been made under this section has remarried or is not leading a chaste life, it shall rescind the order."

This sub-section should be revised so as to substitute a discretion in case of unchastity. In this connection, our recommendation as to the corresponding provision1 in the Hindu Marriage Act may be seen. In section 37(1) "circumstances" should be added.2

1. See recommendation as to section 25(3), Hindu Marriage Act.

2. Cf. section 25(1), Hindu Marriage Act as proposed.

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

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