100 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(53)
49B. Petition and procedure for divorce in respect of Marumakkattayam or Aliyasantana marriage. —(1) Save as provided in sub-section (4) of section 24A, any party to a marriage under that section may present a petition to the district court for the annulment of such marriage by an order of divorce.
(2) The petition shall specify the place where, the date on which, and the name and address of the guardian, if any, with whose consent, the marriage was solemnized.
(3) A copy of such petition shall be served on the respondent at the cost of the petitioner.
(4) On the motion of the petitioner, made not earlier than six months and not later than one year after the date of the service of the copy of the petition aforesaid, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after such enquiry as it thinks fit that a marriage which is valid under section
24A was solemnized between the parties and that such marriage complied with both the conditions specified in clauses (i) and (iv) of section 7, by order in writing declare the marriage annulled.
(5) The annulment of the marriage shall take effect from the date of the order, and either party to the marriage shall then be at liberty to marry again subject to the provisions of this Part.
(6) Where a marriage is annulled by an order of divorce under this section, the parties shall cease to be related to each other as husband and wife from the date of the order, and 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.
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50. Application of certain provisions to Marumakkattayam or Aliyasantana marriage. —(1) The provisions of sections 39 to 48 inclusive shall apply, as far as may be, to proceedings for the annulment under this Chapter, whether by a decree of nullity or by an order of dissolution, of any marriage solemnized under section 24A.
(2) Nothing contained in this section shall affect the operation of subsection (4) of section 24A, and save as provided in sub-section
(1), nothing contained in Chapter II or Chapter III shall apply to, or in relation to, any marriage solemnized under that section.