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Report No. 59

2.18. Section 13(1A).-

Under section 13(1A) of the Hindu Marriage Act (inserted in 1964), either party to a marriage may present a petition for dissolution of marriage on the grounds:-

(i) that there has been no resumption of cohabitation as between the parties for two years after a decree of judicial separation, or

(ii) that there has been no restitution of conjugal rights as between the parties for two years after a decree for such restitution. The proposal is that the period of two years should be replaced by one year in each of the two cases.

We agree that the proposal is reasonable and should be accepted. As the proceedings for judicial separation or restitution may themselves take time, it is not proper to insist on a long waiting period. The facts required to be proved in each of the two cases governed by section 13(1A) imply that the parties have ceased to value each other's society, and their need for each other's company is prima facie at an end.

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

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