Report No. 90

3.4. Comments favouring the third and the widest alternative.-

Certain comments received on the Working Paper favour a comprehensive revision of the law-the third alternative put forth in the Questionnaire. One High Court, for example, states that the Indian Divorce Act, 1869 needs comprehensive amendment, "to help Christian couples to have resort to Courts where both the spouses mutually agreed to separate and where there is irretrievable breakdown of the marriage". The comment of this High Court further states that the Indian Divorce Act, 1869, "as at present available is outmoded".

The High Court also makes a plea for repealing section 7 of the Act (which requires the Courts in India to follow the English practice in matters not specifically provided for), and for abolishing the original jurisdiction of the High Courts under the Act to try dissolution cases. The High Court further suggests that the need for confirmation of a decree of divorce by a full bench of the High Court should be done away with and, further, that there is no need for a six month period for the decree to be made absolute (which is necessary under the present law). The comment ends with the following concrete suggestion:-

"The provisions of the Act can be brought in accordance with the provisions of the Special Marriage Act or the Hindu Marriage Act."