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Report No. 59

2.21. Points to be considered.-

It must, however, be pointed out that one significant point of difference between the position as contemplated by the proposal and the position under clauses (i) and (ii) of section 13(1A) is, that, whereas under the latter provisions, it is open either to the wife or to the husband to claim a decree for divorce, under the former, (i.e. under the proposal), it is only the wife who is to be entitled to make such a claim. On this proposal, two questions fall to be considered1. Would it be reasonable, fair and appropriate to insert the proposed clause, as suggested? And, if yes, would it be reasonable, fair and appropriate that, if the Commission recommends that the proposal should be accepted, the right should be given to claim a decree for divorce, not only to the wife, but also the husband?

1. See para. 1.1, supra.

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

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