Vol. 14, Part I · pages 101–105

DR. AMBEDKAR AND THE HINDU CODE BILL 83 29. Voidable marriages. —(1) Any marriage solemnized before the commencement of this Code shall be voidable if either party to the marriage was an idiot or lunatic at the time of the marriage. (2) Any marriage solemnized after the commencement of this Code shall be voidable— (a) if, purporting to be sacramental marriage, it contravenes any of the conditions specified in clauses (2), (3) and (6) of section 7; (b) if, purporting to be a civil marriage, it contravenes any of the conditions specified in clauses (2), (3) and (5) of section 10: Provided that unless there was force or fraud, a sacramental marriage shall not, after it has been completed, be deemed to be invalid or ever to have been invalid merely on the ground that the consent of the bride’s guardian to the marriage was not or had not been obtained. (3) Any marriage, whether solemnized before or after the commencement of this Code, shall be voidable on any of the grounds specified in section 30. (4) Where a period of limitation is prescribed for the presentation of any petition under this Part and no petition is presented within the time prescribed, the marriage shall be deemed to be valid and always to have been valid for all purposes. 36. Dissolution of marriage. —(1) Subject to the provisions of section 35, either party to a marriage may at any time present a petition for dissolution of marriage to the District Court on any of the grounds which makes a marriage void or voidable. (2) Nothing in sub-section (1) shall be deemed to authorise a Court to pass a decree— (i) in the case of marriage solemnized before the commencement of this Code which was valid at the time of solemnization, on the ground— (a) that a former wife of the male party was living at the time of the marriage; or (b) that the parties are within the degrees of prohibited relationship as defined by clause (b) of section 5; (ii) in the case of a voidable marriage, whether solemnized before or alter the commencement of this Code, on the ground that either party was an idiot or lunatic at the time of the marriage or that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceeding, unless the petition for dissolution is Part IV, sec. 5, page 15.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES84 (35) Divorce 33. Grounds for a decree of divorce. —Any marriage, solemnized whether before or after the commencement of this Code, may be annulled by a decree of divorce on any of the following grounds namely:— (i) either party to the marriage was impotent at the time of the marriage and continued to be so until the institution of the proceeding; (ii) the husband is keeping a * * * concubine or the wife has become the concubine of any other man or leads the life of a prostitute; (iii) either party to the marriage has ceased to be a Hindu by conversion to another religion; (iv) either party is incurably of unsound mind and has been continuously under treatment for a period of not less than five years preceding the petition; and (v) either party is suffering from a virulent * * * form of leprosy.. (vi) either party has not resumed marital intercourse for a period of two years or upwards after a decree or order for judicial separation had been passed against the other party; (vii) either party has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards.

DR. AMBEDKAR AND THE HINDU CODE BILL 85 presented within three years after the solemnization of the marriage, or in the ease of a marriage solemnized before the commencement of this Code, within two years of such commencement; or (iii) in the case of a voidable marriage, whether solemnized before or after the commencement of this Code, on the ground that the consent of the petitioner or where the consent of his or her guardian is requisite, the consent of such guardian was obtained by force or fraud, unless the petition for dissolution is presented within one year alter the force had ceased to operate or the fraud had been discovered: Provided that the Court shall dismiss such petition if— (a) in the case of a voidable marriage solemnized before the commencement of this Code the force had ceased to operate or the fraud had been discovered before such commencement and the petition for dissolution is presented more than one year after the commencement of this Code; or (b) the petitioner has, with his or her free consent, lived with the other party to the marriage as husband and wife after the force had ceased to operate or the fraud had been discovered, as the case may be. (34) 30. Other grounds for dissolution of marriage.— A marriage, whether solemnized before or after the commence ment of this Code, may be dissolved on any of the following grounds, namely, that— (i) either party to the marriage was impotent at the time of the marriage and continued to be so until the institution of the proceeding; (ii) the husband is keeping a woman as a concubine or the wife has become the concubine of any other man or leads the life of a prostitute; (iii) either party to the marriage has ceased to be a Hindu by conversion to another religion; (iv) either party is incurably of unsound mind and has been continuously under treatment for a period of not less than five years preceding the petition; and (v) either party is suffering from a virulent and incurable form of leprosy. 38 Further grounds for dissolution.— Either party to a marriage whether solemnized before or after the commencement of this Code, may present a petition to the District Court prayin’g that his or her marriage may be dissolved on the ground that the other party— (a) has not resumed marital intercourse for a period of two years or upwards after a decree or order for judicial separation had been passed against the respondent; or (b) that the respondent has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards. (35) Part IV sect’s 29 & 30, page 2. (New)

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES86 (36) 34. Right to have marriage annulled.— (1) A decree of nullity of marriage may be obtained either by a party to the marriage or by a Proctor or by any person affected by, or having an interest in, the marriage either on a petition for annulment by a decree of nullity or on a plea raised in any other proceeding. (2) A petition for a decree of dissolution or for divorce shall lie only at the instance of a party to the marriage: Provided that no party shall be entitled to take advantage of his or her own default or disability for the purpose of relief. (37) 35. Appointment of Proctors.— (1) The State Government may appoint one or more Proctors for the State or any part thereof who shall have the right— (i) to appear or intervene either suo moto in any proceeding for the annulment of any marriage, where in the opinion of the Proctor it is expedient in the public interest so to do or at the instance of any court; (ii) to initiate any proceeding for the annulment of any marriage where the appropriate remedy for annulment is by a decree of nullity. (2) The State Government may make rules regulating the manner in which the right of the Proctor shall be exercised and all matter incidental to or consequential on any exercise of the right.

DR. AMBEDKAR AND THE HINDU CODE BILL 87 35. Persons entitled to present petition for dissolution.— (1) Where a marriage, whether solemnized before or after the commencement of this Code, is impugned on the ground that it is a void marriage, the plea may be entertained by the Court either— (i) on a petition for dissolution presented by either party to the marriage; or (ii) on an issue being raised in any proceeding by any person affected by or having an interest in the marriage. (2) Where a marriage, whether solemnized before or after the commencement of this Code, is impugned on the ground that it is a voidable marriage, no such plea shall be entertained by the Court except at the instance of either party to the marriage: Provided that no party shall be entitled to take advantage of his or her own default or disability for the purpose of relief. (36) (37)