DR. AMBEDKAR AND THE HINDU CODE BILL 647
or how many cases have turned out unhappy. That is not the test. The test is unavoidability. Is there anyone who can possibly say that in no circumstances should there be a separation at all? There may be circumstances imaginable where there should not be separation. It is for us to sit down with good will and mutual understanding, and discuss all these points and find out whether it is going to be compulsory upon any particular party or not. There is no compulsion at all here. It is perfectly optional. If you find that it has become impossible to carry on you can go to a court of law. The court of law will go into the matter, find out whether all the requisites of a divorce or a dissolution of marriage are present and then issue a decree nisi, or whatever it may be. But that does not necessarily mean that divorce will go on multiplying from day to day. That depends entirely on the temperament of the people. And I feel bound to say that because it has taken a particular course in America or England or in other foreign countries, in India also it should take the same course— that is an impossible conclusion. (Pandit Lakshmi Kanta Maitra: It is the same institution). I do not believe at all that in India the same result will follow.
Pandit Lakshmi Kanta Maitra : Worse.
An Honourable Member : Is it not time to rise for Lunch?
Mr. Deputy Speaker : I think the hon. Member is likely to conclude soon.
Dr. P. K. Sen : I am trying my best to conclude soon, but I have just begun.
The Assembly then adjourned for Lunch till
Half Past Two of the Clock.
The Assembly re-assembled after Lunch at Half Past Two of the Clock, Mr. Deputy Speaker (Shri M. Ananthasayanam Ayyangar) in the Chair.
Dr. P. K. Sen : Sir, when this House rose for mid-day recess, I was on the point of the permissive nature of the provisions regarding divorce and allied matters. The question that was put to me in the course of the debate was why there had been so many divorces in other countries.
Shri Mahavir Tyagi (U. P. : General) : On a point of order. I find only the hon. Minister of State for Transport and Railways sitting