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Report No. 59

2.46. Special Marriage Act-Amendments desired in the Ministry's proposals.-

We have already stated1, that certain proposals for amendments in he Special Marriage Act have also been mentioned in the reference to the Commission, and the Commission's views sought thereon. We do not consider it necessary to deal with them in detail, but think it sufficient to state our general view that we see no objection to the relevant provisions of the Special Marriage Act, being brought into line with our recommendations in this Report as to the corresponding provisions of the Hindu Marriage Act, where necessary. We may mention that the amendments proposed by the Ministry of Law in the Special Marriage Act, 1954 are only five in number.

(a) The first relates to section 2(c) of the Act, and is intended to revise the definition of "District Court" on the lines of the corresponding definition already existing in the Hindu Marriage Act.

We accept the proposal.

(b) The second relates to section 26 of the Special Marriage Act. That section deals with the legitimacy of children of void and voidable marriages, and is comparable to section 16 of the Hindu Marriage Act. In this connection, our comments with reference to section 16 of the Hindu Marriage Act2 may be seen. Section 26 of the Special Marriage Act should be revised on the same lines as section 16, Hindu Marriage Act.

(c) The third relates to section 27 of the Special Marriage Act, and is intended to add, to the grounds of divorce available to the wife, the new ground relating to the passing of an order for separate maintenance by a Magistrate. In this connection, our comments with reference to section 13(2) of the Hindu Marriage Act may be seen3. Section 27 should be revised on the same lines as section 13(2), Hindu Marriage Act.

(d) The fourth relates to section 29 of the Special Marriage Act, which deals with restrictions as regards divorce during the first three years after marriage. Our recommendation to delete section 14 of the Hindu Marriage Act may be seen, in this connection4. Section 29 should also be deleted.

(e) The fifth relates to section 30 of the Special Marriage Act, which deals with re-marriage after divorce. In this connection, our comments as to section 15 of the Hindu Marriage Act may be seen5. Section 30 of the Special Marriage Act should be amended on the same lines. This finishes consideration of all the proposals contained in the draft Bill forwarded by the Minister of Law.

1. Para. 1.1, supra.

2. Para. 2.43, supra.

3. Para. 2.29, supra.

4. Para. 2.31, supra.

5. Para. 2.32, supra.



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




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