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Report No. 59

2.31. Recommendation as to section 14.-

We are of the view that the section should be deleted. The object of prescribing a minimum period for entertaining a petition for divorce is to ensure that if there is a prospect of reconciliation, then efforts should be made in the direction. While we appreciate the legislative policy of placing an emphasis or reconciliation rather than on a hasty divorce, we think that there should be no restriction as to time. The court will have, under section 23(2), opportunity to consider if the peace and harmony are beyond retrieval. If they are not beyond retrieval, reconciliation under section 23(2) will succeed, because section 23(2) is intended to create condition for maintaining or restoring the mutual confidence between the parties. We, therefore, recommend that section 14 should be deleted.

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

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