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Report No. 65

12. Ancillary orders.-

(1) Where the foreign divorce or legal separation is recognised by virtue of this Act, then, whether the foreign court has or has not passed ancillary orders, either party may apply to the competent court for passing ancillary orders :1

Explanation I.-"Ancillary order", in relation to a proceeding for divorce or legal separation, includes an order-

(a) for the maintenance of either party to the proceeding, or

(b) for the custody, education or maintenance of the children of the family, or

(c) for the disposal of any property of either of the parties or their joint property.

Explanation 2.-"Competent Court", in relation to an application for an ancillary order, means the court which, under any law for the time being in force in India-

(a) would be competent to try a proceeding for divorce or judicial separation, as the case may be, if, on the date of the application for ancillary order such a proceeding were to be instituted by the applicant, seeking divorce or judicial separation on a ground available under that law for divorce or judicial separation, as the case may be, and

(b) would have power to pass the ancillary order now applied for, on or after termination of the proceeding for divorce or judicial separation.

(2) On such application being made, the Court shall hear and dispose of the application according to Law.

1. See Chapter 19 of the Report, paras. 19.14 and 19.27.

Recognition of Foreign Divorces Back

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