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Report No. 65

16.4. No subsisting marriage.-

First, as to the case1 where there is no subsisting marriage according to Indian law (including its rules of private international law and also including the provisions of the proposed Act),2 the justification for non-recognition of the divorce in such a situation is obvious. Where there was no subsisting marriage according to Indian law in the sense explained above, and the situation is one where the Indian law of marriage is properly applicable, the grant of recognition to the divorce or legal separation would be illogical, and would create confusion. Recognition of the divorce would mean recognition of the marriage-and if there is no marriage according to Indian law this would create an inconsistent situation.

1. Para. 16.4, supra.

2. Para. 16.5, infra.

Recognition of Foreign Divorces Back

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