THE BOMBAY HINDU DIVORCE (DECREES VALIDATION) ACT, 1958
[Act No. 88 of 19581]
[23rd October 1958]
An Act to validate certain decrees of divorce passed under the Bombay Hindu Divorce Act, 1947 and the Saurashtra Hindu Divorce Act, 1952.
WHEREAS the Bombay Hindu Divorce Act, 1947 and the Saurashtra Hindu Divorce Act, 1952, provided that desertion for a continues period of four years was a ground for granting divorce;
AND WHEREAS the said Acts were repealed by the Hindu Marriage Act, 1955;
AND WHEREAS certain persons, deserted for a continuous period of four years before the commencement of the Hindu Marriage Act, 1955, instituted suits for divorce after such commencement, and were granted decrees of divorce;
AND WHEREAS in Pauper Appeal No. 94 of 1956, Matrimonial Jurisdiction Suit No. 86 of 1956 (Sitabai Ramchandra Todankar v. Ramchandra Raghunath Todankar) a Full Bench of the High Court at Bombay in appeal from its original civil jurisdiction held that such divorces granted, were illegal;
AND WHEREAS it appears that several divorces have been so irregularly granted, and decrees and orders passed accordingly;
AND WHEREAS it is expedient to validate such decrees for divorce, and orders consequential thereto, so irregularly granted or made;
It is hereby enacted in the Ninth Year of the Republic of India as follows :-
Object.- Under the Bombay Hindu Divorce Act, 1947 and the Saurashtra Hindu Divorce Act, 1952 desertion for a continuous period of 4 years was a ground for granting divorce. These Acts were repealed by the Hindu Marriage Act, 1955 (XXV of 1955) passed by Parliament persons deserted for a continuous period of 4 years before the commencement of the Hindu Marriage Act, 1955, filed suits for divorce under one or other of those Acts, read with sections 29 and 30 of the Central Hindu Marriage Act; and it appears that divorces in certain cases were actually granted. Subsequently in Sitabai Ramchandra v. Ramchandra Raghunath Todankar, Appeal No. 94/1956, a Full Bench of the Bombay High Court decided that any right which may have accrued to obtain a divorce for desertion under the Bombay Hindu Divorce Act, 1947, could not be prosecuted after the repeal of the Act by the Hindu Marriage Act, 1955, as such desertion must be continuous until the filing of the suit. After the commencement of the Central Act a suit for divorce could be filed only under that Act. Consequently, divorces granted were illegal. The High Court suggested that as a considerable number of such divorces may have been granted by the Courts erroneously, the State Government should take action to validate them by legislation. This Act gives effect to this suggestion of the High Court. As the Saurashtra Hindu Divorce Act, 1952, follows subsequently the Bombay Act, divorces granted in similar circumstances under the Saurashtra Act are also validated. - Mah. Act No. LXXXVII of 1958, Vide Statement of Objects and Reasons.
1. For Statement of Objects and Reasons see Bombay Government Gazette, 1958, Part V, pp. 410 and 411.