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Report No. 59

3.18 and 3.19. Recommendation to amend section 5(ii), H.M.A.-

We are of the view that a provision substantially on the lines of the English provision1 of 1973 should be substituted, and in addition, in order to avoid controversy, the situation of recurrent attacks of insanity or epilepsy should specifically mentioned2 (as in section 8(1)(b) of the English Act of 1950). The revised provision in section 5(ii) should, therefore, be as follows3:-

"that at the time of marriage neither party to the marriage-

(a) was incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, was suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) was subject to recurrent attacks of insanity or epilepsy."

1. Section 12, Matrimonial Causes Act, 1973, para. 3.12, supra.

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

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