Report No. 90
4.6. No substantial lacuna in present law.-
Even so, we have taken the opportunity of looking carefully at the concrete points made in this context. We have, for this purpose, examined at length the articles published on the subject.1 We find that they do not (with one exception to be presently noticed),2 precisely pinpoint any specific lacuna (in the Indian Divorce Act) linked up with a particular ground of nullity recognised in canon law. On a preliminary study of the relevant provisions of canon law,3 we are not satisfied that any urgent amendment of the Indian Divorce Act is needed on the point at issue.
Section 19 of the Act, which we quote below, should cover a pretty large number of cases, where a serious defect in the marriage may be regarded as justifying a decree of nullity. If on a deeper examination of the law, some situations cause grave hardship are found to be left uncovered by the section, the matter could still be considered when a comprehensive revision of the Divorce Act is undertaken. But as already stated above, no urgent reform appears to be needed on the point under discussion.
1. Chapter 3, supra.
2. Para. 4.8, infra.
3. Cf. para. 4.3, supra.
Back
