Vol. 14, Part I · pages 116–120

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES98 (51) CHAPTER IV Special provisions for annulment of Marumakkattayam or Aliyasantana marriage 49. Annulment of Marumakkattayam or Aliyasantana marriage. — (1) Save as provided in sub-section (4) of section 24A, a marriage solemnized under that section may be annulled— (a) by a decree of nullity under section 49A; (b) by an order of divorce under section 49B; (c) by a registered instrument of dissolution executed by the parties to the marriage: Provided that, if the female party to the marriage has not completed the age of eighteen years, no marriage shall be annulled by an order of divorce before she completes that age. (2) The annulment of a marriage by a registered instrument of dissolution shall take effect from the date of the registration of the instrument. (52) 49A. Grounds for a decree of nullity of Marumakkattayam or Aliyasantana marriage .—(1) Any marriage solemnized before the commencement of this Code under the Marumakkattayam or Aliyasantana law may be annulled by a decree of nullity,— (a) if by reason of the provisions of any law in force at the time of the marriage, such marriage was invalid on the ground that either party had a spouse living at the time of the marriage; or (b) if the parties at the time of the marriage were within the degrees of prohibited relationship as defined by clause (c) of section 5 : Provided that no marriage so solemnized shall be annulled under the provisions of clause (b) of this sub-section, if it was valid under the provisions of any law in force at the time of the marriage. (2) Save as provided in sub-section (4) of section 24A, a marriage solemnized under that section, may be annulled by a decree of nullity if it contravenes the condition specified in clause (i) or clause (iv) of section 7. (3) Where a marriage is annulled by a decree of nullity under this section, 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 be deemed to be and always to have been the legitimate children of their parents.

DR. AMBEDKAR AND THE HINDU CODE BILL 99 (51) (52)

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES100 (53) 49B. Petition and procedure for divorce in respect of Marumakkattayam or Aliyasantana marriage. —(1) Save as provided in sub-section (4) of section 24A, any party to a marriage under that section may present a petition to the district court for the annulment of such marriage by an order of divorce. (2) The petition shall specify the place where, the date on which, and the name and address of the guardian, if any, with whose consent, the marriage was solemnized. (3) A copy of such petition shall be served on the respondent at the cost of the petitioner. (4) On the motion of the petitioner, made not earlier than six months and not later than one year after the date of the service of the copy of the petition aforesaid, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after such enquiry as it thinks fit that a marriage which is valid under section 24A was solemnized between the parties and that such marriage complied with both the conditions specified in clauses (i) and (iv) of section 7, by order in writing declare the marriage annulled. (5) The annulment of the marriage shall take effect from the date of the order, and either party to the marriage shall then be at liberty to marry again subject to the provisions of this Part. (6) Where a marriage is annulled by an order of divorce under this section, the parties shall cease to be related to each other as husband and wife from the date of the order, 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. (54) 50. Application of certain provisions to Marumakkattayam or Aliyasantana marriage. —(1) The provisions of sections 39 to 48 inclusive shall apply, as far as may be, to proceedings for the annulment under this Chapter, whether by a decree of nullity or by an order of dissolution, of any marriage solemnized under section 24A. (2) Nothing contained in this section shall affect the operation of subsection (4) of section 24A, and save as provided in sub-section (1), nothing contained in Chapter II or Chapter III shall apply to, or in relation to, any marriage solemnized under that section.

DR. AMBEDKAR AND THE HINDU CODE BILL 101 (53)

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES102 (54) (55) CHAPTER V Savings 51. Saving of prior marriages and special provisions therefor. — (1) A marriage solemnized between Hindus before the commencement of this Code, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different castes or sub-divisions of the same caste. (2) A marriage which was solemnized before the commencement of this Code between a female who was governed by the Marumakkattayam or Aliyasantana law at the time of the marriage and a male Hindu and which is valid and subsisting at the commencement of this Code shall continue to be a valid marriage, and the special provisions contained in this Code with respect to annulment of Marumakkaltayam or Aliyasantana marriages shall apply to, or in relation to, such marriage in like manner as they apply to, or in relation to, a marriage between persons both of whom are governed by that law. (3) A conjugal union of a female belonging to any of the communities specified in clause (b) of the definition of “Marumakkattayam law” in section 3 with a male Hindu, whether governed by that law or not, which was openly solemnized before the commencement of this Code with the customary ceremonies prevailing in the community to which the parties belong or either of them belongs shall be deemed for all purposes [including sub-section (2)] to be and always to have been a valid marriage if the parties to the union are not related to each other in such degree of consanguinity or affinity that conjugal union between them is prohibited by any custom or usage of the community to which they belong or either of them belongs: Provided that nothing contained in this sub-section shall be deemed to invalidate any dissolution of the marriage effected before the commencement of this Code in accordance with the custom prevailing in the community to which the parties belong or either of them belongs. 51A. Dissolution before or after Code of certain valid marriages not to effect rights of children. —Where a marriage solemnized before the commencement of this Code between a female governed by the Marumakkattayam or Aliyasantana law at the time and a male Hindu is a valid marriage by reason of any law, whether in force at the time of the marriage or passed subsequently, or by reason of sub-section (3) of section 51, the dissolution of the marriage, whether by death or otherwise and whether before or after the commencement of this Code, shall not affect in any way the legal