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Report No. 59

7.16. Recommendation.-

Accordingly, we recommend that in section 13(1), a new clause should be added as follows:-

"has deserted the petitioner for a period not less than two years immediately preceding the presentation of the petition", or

And the following Explanation should be inserted at the end of section 13(1):

"Explanation.-In this section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly."

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

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