Indian Matrimonial Causes (War Marriages) Act
An Act to confer upon Courts temporary jurisdiction in certain matrimonial causes.
1. Short title and extent
2. Definitions
3. Application of Act
4. Temporary extension of jurisdiction of High Courts
5. Saving
6. Certain decrees and orders to be recognized
7. Power to make rules
Footnotes
1. Short title and extent
(1) This Act may be called the Indian
Matrimonial Causes (War Marriages) Act, 1948.
(2) It extends to the whole of
2. Definitions
In this Act, unless there is anything repugnant
in the subject or context,-
(a) "High Court" shall have the same
meaning as in the Indian Divorce Act, 1869;
(b) "marriage" includes a purported
marriage which was void ab initio,
and "husband" and "wife" shall be construed accordingly;
(c) "war period" means the period commencing on the 3rd day of September, 1939, and ending on the 31st day of March, 1946.
3. Application of Act
The marriages to which this Act applies are
marriages solemnized during the war period, where the husband was, at the time
of the marriage, domiciled outside
Provided that this Act shall not apply to any
marriage if, since the solemnization thereof, the parties thereto have resided
together in the country in which the husband was domiciled at the time of the
residence.
Explanation.-For the purposes of the above proviso the whole of the United States of America, the whole of the United Kingdom and the whole of any British possession 3[***] shall each be treated as one country.
4. Temporary extension of jurisdiction of High Courts
In the case of any marriage to which this Act
applies, the High Court shall have jurisdiction in and in relation to any
proceedings for divorce or for nullity of marriage as if both parties were at
all material times domiciled in India; and subject to the provisions of this
Act, the provisions of the Indian Divorce Act, 1869, shall apply, so far as may
be, in relation to any such proceedings instituted under this Act as if they
were proceedings instituted under that Act:
Provided that this section shall not apply in
relation to any proceedings for divorce or for nullity of marriage unless-
(a) the petitioner or the respondent professes
the Christian religion, and
(b) the proceedings for divorce or for nullity of marriage are commenced not later than three years from the commencement of this Act.
5. Saving
Nothing in this Act shall be deemed to extend or alter the jurisdiction of the High Court in, or in relation to, any proceedings for divorce or for nullity of marriage, where at the commencement of those proceedings the parties are domiciled anywhere in India.
6. Certain decrees and orders to be recognized
The validity of any decree or order made in
the
7. Power to make rules
The High Court may make such rules as may be necessary for the purpose of carrying out the objects of this Act.
Footnotes
Foot Notes
1. The words "in the Provinces of
India" omitted by the Adaptation of Laws Order, 1950.
2. Substituted by the Adaptation of Laws
(No.3) Order, 1956, for the words "Part B States".
This Act has been extended to and brought into
force in Dadra and Nagar Haveli by Regulation 6 of 1963 (w.e.f.
1st. July, 1965).
3. The words "outside India" omitted by the Adaptation of Laws Order, 1950.