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(c) “full blood” and “half blood” – two
persons are said to be related to each other by full blood when
they are descended from a common ancestor by the same wife and by
half blood when they are descended from a common ancestor but by
different wives;
(d) “uterine blood” – two persons are said to be related to each
other by uterine blood when they are descended from a common
ancestress but by different husbands;
Explanation:- In clauses (c) and (d), “ancestor” includes the
father and “ancestress” the mother;
(e) “Prescribed” means prescribed by rules made under this Act;
(f) (i) “sipinda relationship” with reference to any person
extends as far as the third generation in the line of ascent
through the mother, and the fifth in the line of ascent through
the father, the line being traced upwards in each case from the
person concerned, who is to be counted as the first generation.
(ii) two persons are said to be “sapindas” of each other if one is
a lineal ascendant of the other within the limits of sapinda
relationship, or if they have a common lineal ascendant who is
within the limits of sapinda relationship with reference to each
of them;
(g) “degrees of prohibited relationship”- two persons are said to
be within the “degrees of prohibited relationship”-
(i) if one is a lineal ascendant of the other; of
(ii) if one was the wife or husband of a lineal ascendant or
descendant of the other; or
(iii) if one was the wife of the brother or of the father’s or
mother’s brother or of the grand – father’s or grand – mother’s
brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and
nephew, or children of brother and sister or of two brothers roof
two sisters;
Explanation:- For the purposes of clauses (f) and (g),
relationship includes;-
(i) relationship by half or uterine blood as well as by full
blood;
(ii) illegitimate blood relationship as well as legitimate;
(iii) relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed
accordingly.
4. Over – riding effect of Act:- Save as
otherwise expressly provided in this Act,-
(a) any text rule or interpretation of Hindu law or any custom or
usage as part of that law in force immediately before the
commencement of this Act shall cease to have effect with respect
of any matter for which provision is made in this Act;
(b) any other law in force immediately before the commencement of
this Act shall cease to have effect in so far as it is
inconsistent with any of the provisions contained in this Act.
CHAPTER III
HINDU MARRIAGE
5. Conditions for a Hindu Marriage:-
A marriage may be solemnized between any two Hindus, if the
following conditions are fulfilled, namely:-
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party:-
(a) is incapable of giving a valid consent to it in consequence
unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering
from mental disorder of such a kind or to such an extent as to be
unfit to marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity
(iii) the bridegroom has completed the age of [twenty – one years]
and the bride, the age of [eighteen years] at the time of
marriage;
(iv) the parties are not within the degrees of prohibited
relationship unless the custom or usage governing each of them
permits fo a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom
or usage governing each of them permits of a marriage between the
two;
6. Guardianship in marriage:-
[Rep. by the Child Marriage Restraint (Amendment) Act, 1978 (2 of
1978), Section and Schedule (w.e.f. 1-10-1978.)]
7. Ceremonies for a Hindu marriage:-
(1) A Hindu marriage may be solemnized in accordance with the
customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptdpadi (that
is, the taking of seven steps by the bridegroom and the bride
jointly before the sacred fire), the marriage becomes complete and
binding when the seventh step is taken.
8. Registration of Hindu marriages:-
(1) For the purpose of facilitating the proof of Hindu marriages,
the State Government may make rules providing that the parties to
any such marriage may have the particulars relating to their
marriage entered in such manner and subject to such condition as
may be prescribed in a Hindu Marriage Register kept for the
purpose.
(2) Notwithstanding anything contained in sub – section (1), the
State Government may, if it is of opinion that it is necessary or
expedient so to do, provide that the entering of the particulars
referred to in sub – section (1) shall be compulsory in the State
or in any part thereof, whether in all cases or in such cases s
may be specified, and where any such direction has been issued,
any person contravening any rule made in this behalfr shall be
punishable with fine which may extend to twenty – five rupees.
(3) All rules made under this section shall be laid before the
State Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be
open for inspection, and shall be admissible as evidence of the
statements therein contained and certified extracts there from
shall, on application, be given by the Registrar on payment to him
of the prescribed fee.
(5) Notwithstanding anything contained in this section, the
validity of any Hindu marriage shall in no way be affected by the
omission to make the entry.
CHAPTER III
RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
9. 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.
Explanation:- Where a question arises whether there has been
reasonable excuse for withdrawal from the society, the burden of
proving reasonable excuse shall be on the person who has withdrawn
from the society.
10. Judicial separation:-
(1) Either party to a marriage, whether solemonized before or
after the commencement of this Act, may present a petition praying
for a decree for judicial separation on any of the grounds
specified in sub section (1) of Section 13, and in the case of a
wife also on any of the grounds specified in sub section thereof
as grounds on which a petition for divorce might have been
presented.
(2) Where a decree for judicial separation has been passed, it
shall no longer be obligatory for the petitioner to cohabit with
the respondent, but the court may, on the application by petition
of either party and on being satisfied of the truth of the
statements made in such petition, rescind the decree if it
considers it just and reasonable to do so.
CHAPTER IV
NULLITY OF MARRIAGE AND DIVORCE
11. Void marriages:-
Any marriage solemnized after the commencement of this Act shall
be null and void and may, on a petition presented by either party
thereto [against the other party], be so declared by a decree of
nullity if it contravenes any one of the conditions specified in
clauses (i), (iv) and (v) of Section 5.
12. Voidable marriage:-
(1) Any marriage solemnized, whether before or after the
commencement of this Act, shall be voidable and may be annulled by
a decree of nullity on any of the following grounds, namely:-
[(a) that the marriage has not been consummated owing to the
impotence of the respondent; or]
(b) that the marriage is in contravention of the condition
specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of
the guardian marriage of the petitioner [was required under
section 5 as it stood immediately before the commencement of the
Child Marriage Restraint (Amendment) Act, 1978)], the consent of
such guardian was obtained by force [or by fraud as to the nature
of the ceremony or as to any material fact or circumstance
concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant
by some person other than the petitioner.
(2) Notwithstanding anything contained in sub – section (1), no
petition for annulling a marriage –
(a) on the ground specified in clause (c) of sub – section (1)
shall be entertained if –
(i) the petition is presented more than one year after the force
had ceased to operate or, as the case may be, the fraud had been
discovered; or
(ii) the petitioner has, with his or her full consent, lived with
the other party to the marriage as husband or wife after the force
had ceased to operate or, as the case may be, the fraud had been
discovered;
(b) on the ground specified in clause (d) of sub section (1) shall
be entertained unless the court is satisfied –
(i) that the petitioner was at the time of the marriage ignorant
of the facts alleged;
(ii) that proceedings have been instituted in the case of a
marriage solemnized before the commencement of this Act within one
year of such commencement and in the case of marriages solemnized
after such commencement within one year from the date of the
marriage; and
(iii) that marital intercourse with the consent of the petitioner
has not taken place since the discovery by the petitioner of the
existence of [ the said ground].
13. Divorce:-
(1) Any marriage solemnized, whether before or after the
commencement of this Act, on a petition presented by either the
husband or the wife, be dissolved by a decree of divorce on the
ground that the other party –
(i) has, after the solemnized of the marriage, had voluntary
sexual intercourse with any person other than his or her spouse;
or
(ia) has, after the solemnized of the marriage, treated the
petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not
less than two years immediately preceding the presentation of the
petition; or]
(ii) has ceased to be a Hindu by conversion to another religion;
or
(iii) has been incurably of unsound mind, or has been suffering
continuously or intermittently from mental disorder of such a kind
and to such an extent that the petitioner can not reasonably be
expected to live with the respondent.
Explanation:- In this clause –
(a) the expression “mental disorder” means mental illness,
arrested or incomplete development of mind, psychopathic disorder
or any other disorder or disability of mind and includes
schizophrenia;
(b) the expression “psychopathic disorder” means persistent
disorder or disability of mind (whether or not including sub
normality of intelligence) which results in abnormally aggressive
or seriously irresponsible conduct on the part of the other party,
and whether or not it requires or is susceptible to medical
treatment; or]
(iv) has been suffering from a virulent and incurable form of
leprosy; or
(v) has been suffering from veneral disease in a communicable
form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven
years or more by those persons who would naturally have heard of
it, had that party been alive;
Explanation:- In this sub section, the expression “desertion”
means the desertion of the petitioner by the other party to the
marriage without reasonable cause and without the consent or
against the wish of such party, and includes the willful neglect
of the petitioner by the other party to the marriage, and its
grammatical variations and cognate expressions shall be construed
accordingly.]
(1a) Either party to a marriage, whether solemnized before or
after the commencement of this Act, may also present a petition
for the dissolution of the marriage by a decree of divorce on the
ground –
(i) that there has been no resumption of cohabitation as between
the parties to the marriage for a period of [one year] or upwards
after the passing of a decree for judicial separation in a
proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as
between the parties to the marriage for a period of [one year] or
upwards after the passing of a decree for restitution of conjugal
rights in a proceeding to which they were parties.]
(2) A wife may also present a petition for the dissolution of her
marriage by a decree of divorce on the ground,-
(i) in the case of any marriage solemnized before the commencement
of this Act, that the husband had married again before such
commencement or that any other wife of the husband married before
such commencement was alive at the time of the solemnized of the
marriage of the petitioner:
Provided that in either case the other wife is alive at the time
of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the
marriage, been guilty of rape, sodomy or [bestiality; or]
(iii) that in a suit under Section 18 of the Hindu Adoptions and
Maintenance Act, 1956 (78 of 1956), or in a proceeding under
section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or
under the corresponding Section 488 of the Code of Criminal
Procedure, 1898 (5 of 1898), a decree or order, as the case may
be, has been passed against the husband awarding maintenance to
the wife notwithstanding that she was living apart and that since
the passing of such decree or order, cohabitation between the
parties has not been resumed for one year or upwards;
(iv) that her marriage (whether consummated or not) was solemnized
before she attained the age of fifteen years and she has
repudiated the marriage after attaining that age but before
attaining the age of eighteen years.
Explanation:- This clause applies whether the marriage was
solemnized before or after the commencement of the Marriage Laws
(Amendment) Act, 1976 (68 of 1976).]
13A. Alternate relief in divorce proceedings
In any proceeding under this Act, on a petition for dissolution of
marriage by a decree of divorce, except in so far as the petition
is founded on the grounds mentioned in clauses (ii), (iv) and
(vii) of sub section (1) of section 13, the court may, if it
considers it just so to do having regard to the circumstances of
the case, pass instead a decree for judicial separation.
13B. Divorce by mutual consent:-
(1) Subject to the provisions of this Act a petition for
dissolution of marriage, by a decree of divorce may be presented
to the District Court by both the parties to a marriage together,
whether such marriage was solemnized before or after the
commencement of the Marriage Laws (Amendment) Act, 1976 (68 of
1976), on the ground that they have been living separately for a
period of one year or more, that they have not been able to live
together and that they have mutually agreed that the marriage
should be dissolved.
(2) on the motion of both the parties made not earlier than six
months after the date of the presentation of the petition referred
to in sub section (1) and not after than eighteen months after the
said date, if the petition is not withdrawn in the meantime, the
court shall, on being satisfied, after hearing the parties and
after making such inquiry as it thinks fit, that a marriage has
been solemnized and that the averments in the petition are true,
pass a decree of divorce declaring the marriage to be dissolved
with effect from the date of the decree.]
14. No petition for divorce to be presented within one year of
marriage:-
(1) Notwithstanding anything contained in this Act, it shall not
be competent for any court to entertain any petition for
dissolution of a marriage by a decree of divorce, [unless at the
date of the presentation of the petition one year has 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 one year has
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 one year] from the date of the marriage or may dismiss
the petition without prejudice to any petition which may be
brought after [expiration of the said one year] upon the same or
substantially the same facts as those alleged in support of the
petition so dismissed.
(2) In disposing of any application under this section for leave
to present a petition for divorce before the [expiration of one
year] 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
conciliation between the parties before the expiration of the
[said one year].
15. Divorced persons when may marry again:-
When a marriage has been dissolved by a decree of divorce and
either is no right of appeal against the decree or, if there is
such a right of appeal, the time or appealing has expired without
an appeal having been presented, or an appeal has been presented
but has been dismissed, it shall be lawful for either party to the
marriage to marry again.
16. Legitimacy of children of void and voidable marriages:-
(1) Notwithstanding that marriage is null and void under section
11, any child of such marriage who would have been legitimate if
the marriage had been valid, shall be legitimate, whether such
child is born before or after the commencement of the Marriage
Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a
decree of nullity is granted in respect of that marriage under
this Act and whether or not the marriage is held to be void
otherwise than on a petition under this Act.
(2) Where a decree of nullity is granted is respect of a voidable
marriage under section 12, any child begotten or conceived before
the decree is made, who would have been the legitimate child of
the parties to the marriage if at the date of the decree it had
been dissolved instead of being annulled, shall be deemed to be
their legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub – section (1) or sub section (2)
shall be construed as conferring upon any child of a marriage
which is null and void or which is annulled by a decree of nullity
under section 12, any rights in or to the property of any person,
other than the parents, in any case where, but for the passing of
this Act, such child would have been incapable of possessing or
acquiring any such rights by reason of his not being the
legitimate child of his parents.]
17. Punishment of bigamy:-
Any marriage between two Hindus solemnized after the commencement
of this Act is void if at the date of such marriage either party
had a husband or wife living, and the provisions of Section 494
and 495 of the Indian Penal Code, 1860 (45 of 1860), shall apply
accordingly.
18. Punishment for contravention of certain other conditions for
Hindu marriage:-
Every person who procures a marriage of himself or herself to be
solemnized under this Act in contravention of the conditions
specified in clauses (iii), (iv) and (v) of section 5 shall be
punishable –
(a) in the case of a contravention of the condition specified in
clause (iii) of section 5, with simple imprisonment which may
extend to fifteen days, or with fine which may extend to one
thousand rupees, or with both;
(b) in the case of a contravention of the condition specified in
clause (iv) or clause (v) of Section 5, with simple imprisonment
which may extend to one month, or with fine which may extend to
one thousand rupees, or with both;
CHAPTER V
JURISDICTION AND PROCEDURE
19. Court to which petition shall be presented:-
Every petition under this Act shall be presented to the district
court within the local limits of whose ordinary original civil
jurisdiction –
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the
petition, resides, or
(iii) the parties to the marriage last resided together, or
(iiia) in case the wife is the petitioner, where she is residing
on the date of present entation of the petition, or
(iv) the petitioner is residing at the time of the presentation of
the petition, in a case where the respondent is, at that time,
residing outside the territories to which this Act extends, or has
not been heard of as being alive for a period of seven years or
more by those persons who would naturally have heard of him if he
were alive.]
20. Content and verification of petitions:-
(1) Every petition presented under this Act shall state as
distinctly as the nature of the case permits the facts on which
the claim to relief is founded [and except in a petition under
section 11, shall also 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 Act
shall be verified by the petitioner or some other competent person
in the manner required by law for verification of plaints, and
may, at the hearing, be referred to as evidence.
21. Application of Act 5 of 1908:-
Subject to the other provisions contained in this Act and to such
rules as the High court may make in this behalf, all proceedings
under this Act shall be regulated, as far as may be, by the Code
of Civil Procedure, 1908.
21A. Power to transfer petitions in certain cases:-
(1) Where -
(a) a petition under this Act has been presented to a district
court having jurisdiction by a party to a marriage praying for a
decree for judicial separation under section 10 or for a decree of
divorce under section 13; and
(b) another petition under this Act has been presented thereafter
by the other party to the marriage praying for a decree for
judicial separation under section 10 or for a decree of divorce
under Section 13 on any ground, whether in the same district court
or in a different district court, in the same State or in a
different State,
The petitions shall be dealt with as specified in sub section (2).
(2) in a case where sub – section (1) applies, -
(a) if the petitions are presented to the same district court,
both the petitions shall be tried and heard together by that
district court;
(b) if the petitions are presented to the different district
courts, the petition presented later shall be transferred to the
district court in which the earlier petition was presented and
both the petitions shall be heard and disposed of together by the
district court in which the earlier petition was presented.
(3) In a case where clause (b) of sub – section (2) applies, the
court or the Government, as the case may be, competent under the
Code of Civil Procedure, 1908 (5 of 1908), to transfer any suit or
proceeding from the district court in which the later petition has
been presented to the district court in which the earlier petition
is pending, shall exercise its powers to transfer such later
petition as if it had been empowered so do under the said code.
21B. Special provision relating to trial and disposal of petitions
under the Act:-
(1) The trial of a petition under this Act shall, so far as is
practicable consistently with the interests of justice in respect
of the trial, be continued from day to day until its conclusion
unless the court finds the adjournment of the trial beyond the
following day to be necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously
as possible and endeavour shall be made to conclude the trial
within six month from the date of service of notice on the
respondent.
(3) Every appeal under the Act shall be heard as expeditiously as
possible, and endeavour shall be made to conclude the hearing
within three month from the date of service of notice of appeal on
the respondent.
(c) Documentary evidence
Notwithstanding anything in any enacted to the contrary, no
document all be inadmissible in evidencen in any proceeding at the
trial fo a petition under is Act on the ground that it is not duly
stamped or registered.]
22. Proceedings to be in camera and may not be printed or
published:-
(1) Every proceeding under this Act shall be conducted in camera
and it shall not be lawful for any person to print or publish any
matter in relation to any such proceeding except a judgment of the
High Court or of the Supreme Court printed or published with the
previous permission of the court.
(2) If any person prints or publishes any matter in contravention
of the provisions contained in sub – section (1), he shall be
punishable with fine which may extend to one thousand rupees.]
23. Decree in proceedings:-
(1) In any proceeding under this Act, whether defended or not, if
the court satisfied that –
(a) any of the grounds for granting relief exists and the
petitioner [except in cases where the relief is sought by him on
the ground specified in sub – clause (a), sub – clause (b) or sub
– clause (c) of clause (ii) of Section 5] is not in any way taking
advantage of his or her own wrong or disability for the purpose of
such relief, and
( b) where the ground of the petition is the ground specified or
in clause (i) of sub – section (1) of Section 13, the petitioner
has not in any manner been accessory to or connived at or condoned
the act or acts complained of, or where the ground of the petition
is cruelty the petitioner has not in nay manner condoned the
cruelty, and
When a divorce is sought on the ground of mutual consent, such
consent has not been obtained by force, fraud or undue influence,
and]
(c) the petition (not being a petition presented under Section
11), is not presented or prosecuted in collusion with the
respondent, and]
(d) there has not been any unnecessary or improper delay in
instituting the proceeding, and
(e) there is no other legal ground why relief should not be
granted, then, and in such a case, but not otherwise, the court
shall decree such relief accordingly.
(2) Before proceeding to grant any relief under this Act, it shall
be the duty the court in the first instance, in every case where
it is possible so to do consistently with the nature and
circumstances of the case, to make every endeavour to bring about
a reconciliation between the parties:
25. Permanent alimony and maintenance:-
(1) Any court exercising jurisdiction under this Act may, at the
time of passing any decree or at any time subsequent thereto, on
application made to it for the purpose by either the wife or the
husband, as the case may be, order that the respondent shall pay
to the applicant for her or his maintenance and support such gross
sum or such monthly or periodical sum for a term not income and
other property, if any, the income and other property of the
applicant [the conduct of the parties and other circumstances of
the case], it may seem to the court to be just, and nay such
payment may be secured, if necessary, by a charge on the immovable
property of the respondent.
(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, very, modify or rescind any such order in such manner as
the court may deem just.
(3) If the court is satisfied that the party in whose favour an
order has been made under this section has re – married or, if
such party is the wife, that she has not remained chaste, or, if
such party is the husband, that he has had sexual intercourse with
any woman outside wedlock, [it may at the instance of the other
party vary, modify or rescind any such order in such manner as the
court may deem just].
26. Custody of children:-
In any proceeding under this Act, 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 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 and the court may also
from time to time revoke, suspend or vary any such orders and
provisions previously made.
[provided that the application with respect to the maintenance and
education of the minor children, pending the proceeding for
obtaining such decree, shall, as far as possible, be disposed of
with in sixty days from the date of service of notice on the
respondent.]
27. Disposal of property:-
In any proceeding under this Act, the court may make such
provision in the decree as it deems just and proper with respect
to any property presented, at or about the time of marriage, which
may belong jointly both the husband and the wife.
28. Appeals from decrees and orders:-
(1) All decrees made by the court in any proceeding under this Act
shall, subject to the provisions of sub – section (3), be appeal
able as decrees of the court made in the exercise of its original
civil jurisdiction, and every such appeal shall lie to the court
to which appeals ordinarily lie from the decisions of the court
given in exercise of its original civil jurisdiction.
(2) Orders made by the court in any proceeding under this Act
under Section 25 or Section 26 shall, subject to the provision of
su b section (3), be appeal able if they are not interim orders,
and every such appeal shall lie to the court to which appeals
ordinarily lie from decisions of the court given in exercise of
its original civil jurisdiction.
(3) there shall be no appeal under this section on the subject of
costs only.
(4) Every appeal under this sedition shall be preferred within a
[period of Ninty days] from the date of the decree or order.
28A. Enforcement of decrees and orders:-
All decrees and orders made by the court in any proceeding under
this Act shall be enforced in the like manner as the decrees and
orders of the court made in exercise of its original civil
jurisdiction for the time being are enforced.]
CHAPTER VI
SAVINGS AND REPEALS
29. Savings
(1) A marriage solemnized between Hindus before the commencement
of this Act, 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 there to belonged to the same gotra or pravara or
belonged to different religions, castes or sub divisions of the
same caste.
(2) Nothing contained in this Act shall be deemed to affect any
right recognized by custom or conferred by any special enactment
to obtain the dissolution of a Hindu marriage, whether solemnized
before or after the commencement of this Act.
(3) Nothing contained in this Act shall affect any proceeding
under any law for the time being in force for declaring any
marriage to be null and void or for annulling or dissolving any
marriage or for judicial separation ending at the commencement of
this Act, and may such proceeding may be continued and determined
as if this Act had not been passed.
(4) Nothing contained in this Act shall be deemed to affect the
provisions contained in the Special Marriage Act, 1954 (43 of
1954), respect to marriages between Hindus solemnized under that
Act, whether before or after the commencement of this Act.
30. Repeals
[Rep. by the Repealing and Amending Act, 1960 (58 of 1960),
section 2 and First Schedule].
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