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Report No. 59

5.2. Recommendation as to section 10(1), II.M.A.-

In general, judicial separation is a milder relief than divorce, and for that reason, while most of the grounds for judicial separation and divorce are common, the requirement is milder in case of judicial separation under the present Hindu Marriage Act, Since we are making the grounds of divorce more liberal, and doing away with the maximum periods1 at present prescribed in connection with various diseases, the specific mention of grounds of judicial separation in section 10(1) is not necessary. The sub-section should now be revised so as to refer to the grounds included in section 13(1), (which relates to divorce).

1. See recommendations as to section 13, H.M.A., paras. 7.6 to 7.23,



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




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