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Report No. 59

2.41. A point of drafting.-

This finishes the two points of substance concerning section 16. One point of drafting should also be mentioned. The words "if it had been dissolved", which occur in the present section 16, are not very appropriate, because a "void" marriage cannot be dissolved. The wording to be used in this context should be such as to provide straightaway that the children shall be legitimate as if the marriage were valid.

[As to the view that only a valid marriage can be dissolved, see the undermentioned cases1-2.

1. Khambatta v. Khambatta, (1933) 36 Born LR 11: AIR 1934 Born 93 (Submission of parties).

2. Khambatta v. Khambatta, (1934) 36 Born LR 1021: AIR 1935 Born 5.

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

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