DR. AMBEDKAR AND THE HINDU CODE BILL 91
37. Effect of declaring marriage null and void. — (1) Where a marriage is dissolved on the ground that it is a void marriage, or where a marriage has been declared to be void, void marriage shall be deemed to have been void ab initio, and any children begotten of the marriage shall be deemed to be, and always to have been, illegitimate:
Provided that where a marriage is dissolved or declared to be void on the ground that a former husband or wife was living and it is adjudged that the subsequent marriage was solemnized in good faith and that one or both of the parties fully believed that the former husband or wife was dead, children begotten before the decree is made shall be specified in the decree and shall in all respects be deemed to be, and always to have been, the legitimate children of their parents.
(2) Where a marriage is dissolved on any of the grounds specified in sections 29 and 30, any children begotten of the marriage shall in all respects be deemed to be, and always to have been, the legitimate children of their parents and their names shall be specified in the decree.
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Jurisdiction and procedure
Part IV,
sec. 29(I),
page 21.
39. Extent of power to grant relief under this Part. —Nothing contained in this Part shall authorise any Court.—
(a) to make decrees for dissolution of marriage—
(i) in the case of a void marriage or in the case of a voidable marriage which contravenes the provisions of clause (2) of section 7 or clause (2) of section 10
or which can be avoided on the ground that either party to the marriage was important at the time of the marriage and continued to be so until the institution
of the proceeding, unless the marriage has been solemnized in a Province and the petitioner is resident in the Province at the time of presenting the petition
; or
(New)
(ii) in the case of a voidable marriage, not falling within sub-clause (i) of clause (a) of this section, unless the parties to the marriage are domiciled in a Province at the time when the petition for dissolution is presented; or
(b) to grant any relief under this Part, other than a decree for dissolution of marriage except where the petitioner resides in a Province at the time of presenting the petition.
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