Act on any of the grounds enumerated in Section 13 .
8. Unlike English Law, where, under the Matrimonial Causes Act, 1950, Section 12 , every decree ... virtue of the Matrimonial Causes (Decree Absolute) General Order 1946 read with Section 34 (2) (b) of the Matrimonial Causes Act, 1950, has been reduced
separation and a decree for restitution of conjugal rights, see Matrimonial Causes Act, 1950, sections 19 , 20 and 22 and Rayden on Divorce, 8th Edition ... Hindu Marriage Act of 1955 there were in force the Indian Divorce Act of 1869 the Matrimonial Causes Act 1950, of England, the Special Marriage
dissolution of marriage was conferred by Section 13 of the Matrimonial Causes Act, 1950. A more serious practical objection to an absolute decree for nullity ... follows:
"By Section 12(1), Matrimonial Causes Act, 1950, every decree of divorce or of nullity of marriage must in the first instance
judgment, Section 7 of the Act, read with Section 8 of the Matrimonial Causes Act, 1950, gives jurisdiction to the Indian Court to grant ... that particular ground in the Act itself. Having regard to Section 8 of the Matrimonial Causes Act, 1950, already referred to, there is no doubt
provisions of the English Matrimonial Causes Act, 1950. The English Act of 1950 reproduced what was contained in the Matrimonial Causes Act ... continuous period of five years within the meaning of the Matrimonial Causes Act, 1950. There the husband was admitted to a Mental Hospital
Hindu Marriage Act,1955 And Special Marriage Act, 1954
LAW COMMISSION OF INDIA
FIFTY-NINTH
above topics. culminating in the Marriage Acts,
1949, and 1954, and the Matrimonial Causes Act, 1950, In.
India, however, the law as originally enacted ... England. and the Law of Scot-
land concerning divorce and other matrimonial causes and
to consider whether any changes shall be made
words into an
Act of Parliament unless clear reason for it is to be found
within the four corners of the Act itself”.
x xxxx ... read the
word ‘satisfied’ in section 4 of the Matrimonial Causes Act,
1950 to mean ‘satisfied beyond reasonable doubt’.
X xxxx
Sections
privacy".
This point namely validity of Section 9 of the said Act
was not canvassed in the instant case in the courts below
counsel ... which
case the court will decree restitution of conjugal
rights (Matrimonial Causes Act, 1950, s. 15), but will
not enforce it by attachment, substituting however
borrowing in this Section the language of Section
9 of the Matrimonial Clauses Act, 1850 made by the British
parliament which dealt with the legitimacy ... this
section the language of section 9
of the Matrimonial Causes Act, 1950
which deals with the legitimacy of
children of only voidable marriages
