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Report No. 23

Clause 18(1)

This applies the provisions of Chapters IV to VII of the Special Marriage Act, so as to:-

(i) define the consequences of a marriage under this Act, and

(ii) provide for matrimonial relief.

Read with sub-clause (4), it covers also foreign marriages under other laws for which matrimonial relief is not available in India under any other law.

Clause 18(2)

This is intended to define the district court which will have jurisdiction. Cf. section 31(1), Special Marriage Act.

Clause 18(3)

This deals with the jurisdiction of Indian Courts to grant matrimonial relief under this law.1

As regards marriages solemnised under other laws, care has been taken to ensure that-

(a) their validity is not affected by the provisions of this Bill2, and

(b) even where such a marriage is registered under this law, its validity is not affected by the said provisions, the only relief available in such a case being cancellation of registration.

1. The clause follows clause 35, Christian Marriage, etc., Bill, annexed to the 15th Report.

2. See the discussion in the body of the Report, para. 13.

Clause 18(4)

See under sub-clause (1) above.

Law of Foreign Marriages Back

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