Vol. 14, Part I · pages 111–115

DR. AMBEDKAR AND THE HINDU CODE BILL 93 40. Court to which petition should be made. — Every petition under this Part shall be presented to the District Court Act within the local limits of whose ordinary original civil jusidiction the husband and wife reside or last resided together. 48. Suits may be heard within Closed doors. —A proceeding under this part shall be conducted in camera at the instance of either party or if the Court thinks fit to do so. (42) 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 a decree of dissolution of marriage, or of 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. (43) 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 (V of 1908). (44) 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. (45) Sec. 3(2), Ind. Div. Act. Sec. 10, Ind. Div. Act. S. 15, Ind. Div. Act.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES94 (46) Other orders that may he passed in annulment proceeding 44. Alimony, pendente lite. —Where in any proceeding under this Part, it appears to the court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and monthly during the proceeding such sum not exceeding one-fifth of her husband’s net income as to the court seems reasonable. (47) 45. Permanent alimony. —(1) Any court exercising jurisdiction under this Part may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose, order that the husband shall, while the wife remains chaste and unmarried, secure to the wife, for her maintenance and support, if necessary, a charge on the husband’s property of such gross sum or such monthly or periodical payment of money for a term not exceeding her life as, having regard to her own property, if any, her husband’s property and the conduct of the parties, shall be deemed just. (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party vary, modify or rescind any such order in such manner as the court may deem just. (3) If the court is satisfied that the wife in whose favour an order has been made under sub-section (1) or (2) has remarried or has not remained chaste, it shall * * rescind the order. (48) 46. Custody of children. —In any proceeding under this Part, the Court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending.

DR. AMBEDKAR AND THE HINDU CODE BILL 95 45. Alimony, pendente lite. —Where in any proceeding under this Part, it appears to the court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and monthly during the proceeding such sum not exceeding one fifth of her husband’s net income as to the court seems reasonable. (46) 46. Permanent alimony. —(1) Any court exercising jurisdiction under this Part may, at the time of passing Act any decree or at any time subsequent thereto, on application made to it for the purpose, order that the husband shall, while the wife remains chaste and unmarried, secure to the wife, for her maintenance and support, if necessary, a charge on the husband’s property of such gross sum or such monthly or periodical payment of money for a term not exceeding her life as, having regard to her own properly, if any, her husband’s property and the conduct of the parties, shall be deemed just. (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party vary, modify or rescind any such order in such manner as the court may deem just. (3) If the court is satisfied that the wife in whose favour an order has been made under sub-section (1) or (2) has remarried or has not remained chaste, it shall vary or rescind the order. (47) 47. Custody of children. —In any proceeding under this Part, the Court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently wilh their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time to time, all such orders and provisions wilh respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending. (48) Sec. 6, Bombay Act Sec. 6, Bombay Act Sec. 15, BombayAct.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES96 (49) 47. Disposal of property. —Any court exercising jurisdiction under this Part may at the time of passing any decree make such provisions in the decree as it may deem just and proper as respects— (i) any property which belonged jointly to the husband and the wife immediately before the decree; (ii) any property which belongs to the wife, whether by way of dowry as defined in section 93 or otherwise, and which is in the possession of the husband. (50) Execution of, and appeals from, decrees and orders 48. Enforcement of, and appeal from, decrees and orders. —All decrees and orders made by the court in any proceeding under this Part shall be enforcced in like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction are enforced, and may be appealed from under the law for the lime being in force: * * * * * * Provided that there shall be no appeal on the subject of costs only.

DR. AMBEDKAR AND THE HINDU CODE BILL 97 (49) 49. Enforcement of and appeal from orders and decrees.—All decrees and orders made by the court in any proceeding under this Part shall be enforced in like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction are enforced, and may be appealed from under the law for the time being in force: Provided that— (a) there shall be no appeal from a decree of a District (New) Court for dissolution of marriage or from the order of the High Court confirming or refusing to confirm any such decree; (b) there shall be no appeal on the subject of costs only. (50) (new) (New)