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Report No. 90

The Grounds of Divorce amongst Christians in India: Section 10, Indian Divorce Act, 1869

Contents
Chapter 1 Introductory
1.1 Need for taking up the subject
2. The gist of the suggestion of Ms. Roberts
3. Breakdown of marriage
4. Equality of sexes
5. Scope of the Report
6. Working Paper
Chapter 2 The Present Law, and The Issues for Consideration
2.1. Present law-Section 10, Indian Divorce Act, 1869
2. Working Paper as setting forth three alternatives
3. Discrimination writ large in section 10
4. Widening of the grounds of divorce for Christians
5. Irretrievable breakdown of marriage
6. Comprehensive Provision-Law Commission Report on Christian Marriage and Divorce
7. Three alternatives in the Working Paper
Chapter 3 Comments Received and Views Expressed on The Various Issues
3.1. Introductory
2. Comments favouring first alternative
3. Comments favouring the second alternative
4. Comments favouring the third and the widest alternative
5. Comment of the Government of India
6. Articles and correspondence in newspapers
7. Summary of view in articles
Chapter 4 The Question of Nullity
4.1. Pronouncement of nullity made by Church authorities
2. Section 5-Indian Christian Marriage Act, 1872
3. Rules of canon law as to nullity of marriage
4,5. Anomaly likely to result by reason of two parallel authorities
6. No substantial lacuna in present law
7. Section 19, Divorce Act
8. Annulment in canon law-concrete points considered
9. Comparison with Divorce Act
10. Willful deception
11. Lack of will to get married
12. Lack of will to get married-situation analysed
13. Other provisions of law providing for declaration of nullity
14. Section 34, Specific Relief Act, 1963
15. No need to make provision for recognising ecclesiastical pronouncement of nullity
Chapter 5 Mutual Consent
5.1. Mutual consent-observations in Supreme Court judgment
2. No amendment recommended
Chapter 6 Recommendation
6.1. Recommendation relating to section 10, Indian Divorce Act, 1869
2. First and second alternative compared
3. Priorities
4. Hope as to future reforms
5. Concrete recommendation
6. Recommendation for amendments of section 10, Indian Divorce Act
7. Recommendation as to other provisions of the Indian Divorce Act
Appendix 1 Grounds of Relief in Indian Matrimonial Law
Appendix 2 Extracts Relating to Canon Law1
Classification of Impediments
Number of Impediments
Canon 1067
Canon 1068
Canon 1069
Canon 1070
Canon 1071 and Canon 1072
Canon 1073
Canon 1074
Canon 1075
Canon 1076
Canon 1077
Canon 1078
Canon 1079 and Canon 1080


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