Vol. 14, Part I · pages 96–100

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES78 (27) CHAPTER II Restitution of conjugal rights and judicial separation 27. Petition for restitution of conjugal rights. —When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. (29) 28. Answer to petition for restitution of conjugal rights. — Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which would not be a ground for judicial separation or for a decree of annulment of marriage. (29) 29. Judicial separation. —Either party to a marriage, whether solemnized before or after the commencement of this Code, may present a petition to the district court praying for a decree for judicial separation on the ground that the other party— (a) has deserted the petitioner without cause for a period of not less than two years immediately preceding the presentation of the petition; (b) has been guilty of such cruelty as to render it unsafe for the petitioner to live with the other party; or (c) has, for a period of not less than one year immediately preceding the resentation of the petition, been suffering from venereal disease in a communicable form and not contracted from the petitioner; (d) is suffering from a virulent form of leprosy; or (e) has been habitually of unsound mind since the date of the marriage; or (f) has committed adultery during the marriage. Explanation. —In this section, the expression “to desert” with its grammatical variations and cognate expressions, means to desert the other party to a marriage without reasonable cause and without the consent or against the wish of such party.

DR. AMBEDKAR AND THE HINDU CODE BILL 79 31. Petition for restitution of conjugal rights. — When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. (28) 32. Answer to petition for restitution of conjugal rights.—Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which would not be a ground for judicial separation or for a decree of dissolution of marriage. (29) Judicial Separation 33. Judicial separation. —Either party to a marriage, whether solemnized before or alter the commencement of this Code, may present a petition to the District Court praying for a decree for judicial separation on the ground that the other party— (a) has deserted the petitioner for a period of not less than two years; or (b) has been guilty of such cruelty as to render it unsafe for the petitioner to live with the other party; or (c) has been suffering from incurable venereal disease in a communicable form, not contracted from the petitioner for a period of not less than one year immediately preceding the presentation of the petition; or (d) is suffering from a virulent form of leprosy; or (e) has been habitually of unsound mind since the date of marriage; or (f) has committed adultery during the marriage. Explanation. —In this section, the expression “to desert” with its grammatical variations and cognate expressions, means to desert the other party to a marriage without reasonable cause and without the consent or against the wish of such party. (30) (New) (New) Part IV, sec. 30, page 21.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES80 (31) CHAPTER III General provisions relating to annulment of marriage 30. No marriage to be annulled except by order of court. — Notwithstanding anything contained in this Part, no marriage solemnized, whether before or after the commencement of this Code, shall be deemed to have been lawfully annulled except by a decree of a competent court passed in that behalf. (32) 30A. Modes of annulment of marriage. —A marriage may be annulled by a decree of nullity, if it is void for any of the reasons set out in section 31, or by a decree of dissolution, if it is voidable for any of the reasons set out in section 32, or by a decree of divorce for any of the reasons set out in section 33, as the case may be. Nullity of Marriage s 31. Grounds for a decree of nullity. —(1) Any marriage solemnized before the commencement of this Code 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 such marriage 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) Any marriage solemnized after the commencement of this Code may be annulled by a decree of nullity— (a) if, purporting to be a Dharmik marriage, it contravenes any of the conditions specified in clauses (i), (iv) and (v) of section 7. (b) if, purporting to be a civil marriage, it contravenes any of the conditions specified in clauses (i) and (iv) of section 8: Provided that nothing contained in this section shall apply to any case falling within the prohibition contained in clause (v) of section 7, if, before the institution of any proceeding for the annulment of marriage, the marriage is registered as a civil marriage under section 21.

DR. AMBEDKAR AND THE HINDU CODE BILL 81 34. No marriage to be avoided except by order of court. — Notwithstanding anything contained in this Part, no marriage solemnized, whether before or after the commencement of this Code, and whether such marriage is void or voidable, shall be deemed to have been lawfully dissolved unless a decree has been pronounced by a Competent Court declaring that the marriage is dissolved either on a petition for dissolution or in any other proceeding in which the validity of the marriage is in issue. (31) (32) 28. Void marriage. —(1) Any marriage solemnized before the commencement of this Code shall be void— (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 (b) of section 5; Provided that no such marriage shall be deemed to be void under the provisions of clause (b) of sub-section (1) if it was valid under the provisions of any law in force at the time of the marriage. (2) Any marriage solemnized after the commencement of this Code shall be void— (a) if, purporting to be a sacramental marriage, it contravenes one or more of the conditions specified in clauses (1), (4) and (5) of section 7; (b) if, purporting to be a civil marriage, it contravenes any of the conditions specified in clauses (1) and (4) of section 10: Provided that in the case mentioned in clause (a) of sub-section (2) the condition specified in clause (5) of section 7 shall not apply when the marriage is subsequently registered at any time as a civil marriage under section 21, before any petition for dissolution is presented to any Court. (33) Part IV, sec. 29(2)(ii) page 2.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES82 (34) Dissolution of Marriage 32. Grounds for a decree of dissolution. —(1) Any marriage solemnized before the commencement of this Code may be annulled by a decree of dissolution on the ground that either party to the marriage was an idiot or a lunatic at the time of the marriage. (2) Any marriage solemnized after the commencement of this Code may be annulled by a decree of dissolution— (a) if, purporting to be a Dharmik marriage, it contravenes any of the conditions specified in clauses (ii), (iii) and (vi) of section 7; (b) if, purporting to be a civil marriage, it contravenes any of the conditions specified in clauses (ii), (iii) and (v) of section 8 : Provided that, unless there was force or fraud, a Dharmik marriage shall not, after it has been completed, be deemed to be invalid or even to have been invalid merely on the ground that the consent of the bride’s guardian in marriage to the marriage was not or had not been obtained. * * * * * *