Report No. 250

14. Indian Matrimonial Causes (War Marriages) Act, Act 40 of 1948

Category: Personal Laws

Recommendation: Repeal

The Act conferred upon courts temporary jurisdiction in certain matrimonial cases. It applies to marriages solemnized during the 'war period' where the husband was, at the time of the marriage, domiciled outside India and the wife was immediately before the marriage, domiciled in India. 'War period' was defined under the Act as the period commencing on 3rd September 1939 and ending on 31th March 1946.

The Act conferred jurisdiction on the High Court to entertain proceedings for divorce or for nullity of marriage. The purpose of the Act has been served and it can be repealed. A suitable savings clause should be inserted in the repealing Act. This Act also finds mention in the PC Jain Commission Report (Appendix D).