Report No. 90

Chapter 3

Comments Received and Views Expressed on The Various Issues

Introductory

3.1. Introductory.-

We have set out above the important proposition on which views were invited in the Working Paper. We shall now summarise the views received on the Working Paper.1 The first alternative posed the query whether the law relating to divorce amongst Christians in India (section 10, Indian Divorce Act, 1869), should be amended so as to remove the element of discrimination between the sexes which is, at present manifest in the law. This was the narrowest of the alternatives formulated in the Working Paper.

The second alternative in the Working Paper raised the query, whether is grounds of divorce available to both the spouses among Christians should be widened so as to include the grounds available under the various matrimonial statutes in force in India as they stand today. The widest alternative was put forth in the third query, which solicited opinion on the question whether the round of irretrievable breakdown of marriage, evidenced by the parties living part for a specified period (which is proposed to be introduced in the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954), should be made available to Christians also.

1. Working Paper circulated on 29th November, 1982, para. 15.