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Report No. 90

3.3. Comments favouring the second alternative.-

Some of the comments received on the Working Paper favour the second alternative put forth in the Working Paper. Thus, one High Court, definitely approving the first alternative put forth in the Working Paper, agrees that discrimination between the sexes should be removed. That High Court would even accept the second alternative, put forth in the Working Paper, but with, the rider that all the grounds of divorce available in all the matrimonial statutes in force in India need not be incorporated in the legislation relating to Christians. "It would be sufficient to include the grounds available under the amended Hindu Marriage Act, 1955, including mutual consent as provided therein." This comment does not, however, favour the third alternative (irretrievable breakdown of marriage as ground of divorce), which it regards "as somewhat controversial and not yet tested in India."



The Grounds of Divorce amongst Christians in India - Section 10 of the Indian Divorce Act, 1869 Back




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