Vol. 14, Part I · pages 106–110

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES88 (38) 36. No petition for divorce to be presented within three years of marriage. —(1) notwithstanding anything contained in this Part, it shall not be competent for any court to entertain any petition for a decree for divorce, unless at the date of the presentation of the petition three years have elapsed since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before three years have elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of tliree years from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said three years upon the same or substantially the same facts as those proved in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petilion for divorce before the expiration of tliree years from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said three years. (39) Effect of annulment of marriage 37. Liberty to parties to marry again.— When a marriage has been annulled by a decree of a competent court and no appeal has been presented against such decree or when any such appeal has been dismissed, it shall be lawful for the respective parties to the marriage to marry again as if the prior marriage had been annulled by death.

DR. AMBEDKAR AND THE HINDU CODE BILL 89 (38) 50. Liberty to parties to marry again. —When six months after the date of an order of a High Court confirming the decree for dissolution of marriage made by a District Judge have expired, or when six months after the date of any decree of a High Court dissolving a marriage have expired and no appeal has been presented against such decree, or when any such appeal has been dismissed or when as a result of such appeal any marriage is dissolved, it shall be lawful for the respective parties to the marriage to marry again as if the prior marriage had been dissolved by death. (39) (New)

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES90 (40) 38. Consequences of annulment of marriage. —(1) Where a marriage is annulled by a decree of nullity, * * * the parties thereto shall be deemed never to have been married, nor to have been related to each other as husband and wife: Provided that where a marriage is annulled by a decree of nullity on the ground that a former husband or wife was living and it is adjudged that the subsequent marriage was solemnized in good faith and that one or both of the parties fully believed that the former husband or wife was dead, children begotten before the decree is passed shall be specified in the decree and shall in all respects to be deemed to be, and always to have been, the legitimate children of their parents. (2) Where a marriage is annulled by a decree of dissolution or a decree of divorce, the parties shall cease to be related to each other as husband and wife from the date of the decree, and any children begotten of the marriage shall in all respects be deemed to be, and always to have been, the legitimate children of their parents and their names shall be specified in the decree. (41) Jurisdiction and procedure 39. Extent of power to grant relief under this Part. —Nothing contained in this Part shall authorise any Court.— (a) to make decrees of nullity of marriage except where the marriage has been solemnized in India and the petitioner is resident in India at the time of presenting the petition. (b) to make decrees of dissolution or divorce, except where the parties to the marriage are domiciled in India at the time of presenting the petition; or (c) to grant any relief under this Part other than a decree of nullity of marriage or a decree of dissolution or divorce, except where the petitioner resides in India at the time of presenting the petition.

DR. AMBEDKAR AND THE HINDU CODE BILL 91 37. Effect of declaring marriage null and void. —(1) Where a marriage is dissolved on the ground that it is a void marriage, or where a marriage has been declared to be void, void marriage shall be deemed to have been void ab initio, and any children begotten of the marriage shall be deemed to be, and always to have been, illegitimate: Provided that where a marriage is dissolved or declared to be void on the ground that a former husband or wife was living and it is adjudged that the subsequent marriage was solemnized in good faith and that one or both of the parties fully believed that the former husband or wife was dead, children begotten before the decree is made shall be specified in the decree and shall in all respects be deemed to be, and always to have been, the legitimate children of their parents. (2) Where a marriage is dissolved on any of the grounds specified in sections 29 and 30, any children begotten of the marriage shall in all respects be deemed to be, and always to have been, the legitimate children of their parents and their names shall be specified in the decree. (40) Jurisdiction and procedure 39. Extent of power to grant relief under this Part. —Nothing contained in this Part shall authorise any Court.— (a) to make decrees for dissolution of marriage— (i) in the case of a void marriage or in the case of a voidable marriage which contravenes the provisions of clause (2) of section 7 or clause (2) of section 10 or which can be avoided on the ground that either party to the marriage was important at the time of the marriage and continued to be so until the institution of the proceeding, unless the marriage has been solemnized in a Province and the petitioner is resident in the Province at the time of presenting the petition ; or (ii) in the case of a voidable marriage, not falling within sub-clause (i) of clause (a) of this section, unless the parties to the marriage are domiciled in a Province at the time when the petition for dissolution is presented; or (b) to grant any relief under this Part, other than a decree for dissolution of marriage except where the petitioner resides in a Province at the time of presenting the petition. (41) Part IV, sec. 29(I), page 21. (New)

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES92 (42) 40. Court to which petittion should be made and hearing in camera. — (1) Every petition under this Part shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and wife reside or last resided together. (2) A proceeding under this Part shall be conducted in camera If either party so desires or if the Court thinks ill to do so. (43) 41. Contents and verification of petitions. —(1) Every petition presented under this Part shall state, as distinctly as the nature of the case permits, the facts on which the claim to relief is founded and every petition for the annulment of any marriage or for judicial separation shall state that there is no collusion between the petitioner and the other party to the marriage. (2) The statements contained in every petition under this Part shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may at the hearing be referred to as evidence. (44) 42. Application of the Code of Civil Procedure. —Subject to the other provisions contained in this Part, all proceedings under ‘this Part between party and party shall be regulated, as far as may be, by the Code of Civil Procedure, 1908 (Act V of 1908). (45) 43. Decree in proceeding. —In any petition presented under this Part, whether defended or not, if the court is satisfied that any of the grounds for granting relief exists and that the petition has not been presented or prosecuted in collusion with the respondent or that the adultery complained of, if any, has not been connived at or condoned, the court shall decree such relief accordingly.