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MATRIMONIAL CAUSES (WAR MARRIAGES) ACT, 1948
40 of 1948
3rd Semptember,1948
An Act to confer upon Courts temporary jurisdiction in certain matrimonial causes ; WHEREAS it is expedient to confer upon Courts
1[* * * * * *] temporary jurisdiction in certain matrimonial causes; It is hereby enacted as follows :- This Act has been extended to (1) the new Provinces and merged States by the Merged States (Laws) Act, 1940 (LIX of 1949), S. 3 (1-1-1950), and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (XXX of 1950), S. 3 (6-4-1950). Manipur and Tripura are States. See Act 81 of 1971, Ss. 3, 4 (30-12-1971). Vindhya Pradesh now forms part of M. P. State - See Act 37 of 1956, Section 9(1) (e), and (2) to the Union Territory of Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963(Regn.Vlofl963).
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the India? Matrimonial Causes (War Marriages) Act 1948.
(2) It extends to the whole of India, except2[the territories which, immediately before the 1st November, 1956, were comprised in Part B States.]
SECTION 02: 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.
SECTION 03: 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 India, and the wife was immediately before the marriage, domiciled in India; 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.
SECTION 04: 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 of 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.
SECTION 05: SAVING
Nothing in this Act shall be deemed to extend or alter the jurisdiction of the High Court in, or inspiration to, any proceedings for divorce or for nullity of marriage, where at the commencement of those proceedings the parties are .domiciled anywhere in India.
SECTION 06: CERTAIN DECREES, AND ORDERS TO BE RECOGNISED
The validity of any decree or order made in the United Kingdom by virtue of the Matrimonial Causes (War Marriages) Act, 1944shall, by virtue of this Act, be recognised in all Courts in the States of India.
SECTION 07: 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:
2. Substituted for "Part B States", by 3 A.L.O., 1956.
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