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Report No. 59

Section 13(1), H.M.A.- The fact that the respondent has treated the petitioner with cruelty should be a ground for divorce, in the Hindu Marriage Act1.

(i) In section 13(1), Hindu Marriage Act a new clause should be added as follows:-

"has deserted the petitioner for a period not less than two years immediately preceding the presentation of the petition, or"

(ii) The following Explanation should be inserted at the end of section 13(1) of the Hindu Marriage Act.

"Explanation.-In this section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly2".

The suggestion to add, as a ground of divorce under the Hindu Marriage Act, wilful refusal to consummate a marriage, is not accepted3.

1. Para. 2.17.

2. Para. 7.16.

3. Paras. 7.22 and 7.23.

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

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