Report No. 250

8. Jubbulpore and Chhattisgarh Divisions (Divorce Proceedings) Act, Act 13 of 1935

Category: Personal Laws

Recommendation: Repeal.

The Act removed certain doubts and validated certain proceedings of the High Court of Judicature of Allahabad. The Act declared that from 31th August 1923, the Court of the Judicial Commissioner of the Central Provinces alone would have the jurisdiction of the High Court under the Indian Divorce Act, 1869 within the Jubbalpore and Chhattisgarh divisions of the Central Provinces.

The Act also validated certain decisions taken by the High Court of Allahabad and deemed such decisions to be as good and valid in law as if such proceedings had been taken by the Court of the Financial Commissioner. The Central Provinces, as they existed prior to Independence, do not exist now. Jabalpur is now a district in the State of Madhya Pradesh. Chhattisgarh was an administrative division in erstwhile Central Provinces.

The territory falling under this division in now a part of the modern-day State of Chhattisgarh. The purpose of the Act has therefore now been fulfilled. A suitable savings clause should be inserted in the repealing Act. The Central Government should repeal this law after consultation with the relevant State governments. This Act has also been recommended for repeal by the PC Jain Commission Report (Appendix A-1).