JIVIBEN D/o. ISHWARLAL MOTIBHAI v. PATEL DAHYALAL LAKHUDAS
1983-02-08
G.T.NANAVATI
body1983
DigiLaw.ai
G. T. NANAVATI, J. ( 1 ) ). * * * * ( 2 ) ). Next question is whether repudiation which was made before clause (iv) of sub-sec. (2) of sec. 13 came to be inserted into the Act (Hindu Marriage Act) can be availed of thereafter. Sec. 13 provides for dissolution of a marriage by a decree of divorce on the grounds stated therein. Sub-sec. (2) thereof enumerates additional grounds on which a wife can present a petition for that purpose. These provisions as they existed before amendment by the Marriage Laws (Amendment) Act 1976 were found by the legislature to be inadequate. It also found that there were frequent violations of the provisions of the Child Marriage Restraint Act; and therefore it was necessary to confer a right of repudiation on girls who are subject to such marriages. To achieve these objects sec. 13 was amended. Relevant part of the amended section reads as under:"13 (1 ). . . . . . . . . . . . . . . . (2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground: (i ). . . . . . (ii ). . . . . . (iii ). . . . . . . . . (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 hut 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. IF a wife now proves in her petition (i) that her marriage was solemnized before she attained the age of fifteen years (ii) that she has repudiated the marriage after attaining that age and (iii) that she has repudiated the same before attaining the age of eighteen years she would be entitled to get a decree of divorce of course subject to other provisions of the Act. The explanation to clause (iv) makes it clear that this provision will apply even if the marriage was solemnized before the commencement of the Marriage Laws (Amendment) Act of 1976. The nature of the provision contained in sec.
The explanation to clause (iv) makes it clear that this provision will apply even if the marriage was solemnized before the commencement of the Marriage Laws (Amendment) Act of 1976. The nature of the provision contained in sec. 13 the object with which it was amended and the language employed by the Legislature in my opinion do not justify construing clause (iv) of sub-sec. (2) narrowly and read into it a further condition or a limitation that repudiation should have taken place after the commencement of the amending Act. No doubt such a petition under the Act could not have been filed earlier; but that would be no test for deciding whether the ground which existed earlier can now be availed of or not. In my view if the three conditions set out above are satisfied it would not be proper to reject the application on the ground that repudiation of the marriage was done before the amendment. I therefore hold that the Court below was not right in dismissing the petition and it ought to have allowed the same. Petition allowed. .