Marriage Laws (Amendment) Act, 20011
| [Act 49 of 2001] | [24th September, 2001] |
[Repealed by Act 17 of 2015*]
An Act further to amend the Indian Divorce Act, 1869, the Parsi Marriage and Divorce Act, 1936, the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955
Be it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:-
1 Received the assent of the President on 24-9-2001 and published in the Gazette of India, Extra., Part II, Section 1.
* Ed.: Act 49 of 2001 repealed by Act 17 of 2015, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2015:
"4. Savings.- The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;
nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."
Chapter 1 - Preliminary
1. Short title.-This Act may be called the Marriage Laws (Amendment) Act, 2001.
Chapter 2 - Amendments to the Indian Divorce Act, 1869
2. Amendment of Section 36.-In Section 36 of the Indian Divorce Act, 1869 (4 of 1869) (hereafter in this Chapter referred to as the Divorce Act),-
(a) for the words "the wife may present a petition for alimony pending the suit", the words "the wife may present a petition for expenses of the proceedings and alimony pending the suit" shall be substituted;
(b) for the words "for payment to the wife of alimony pending the suit", the words "for payment to the wife of the expenses of the proceedings and alimony pending the suit" shall be substituted;
(c) after the proviso, the following proviso shall be inserted, namely:-
"Provided further that the petition for the expenses of the proceedings and alimony pending the suit, shall, as far as possible, be disposed of within sixty days of service of such petition on the husband.".
3. Amendment of Section 41.-In Section 41 of the Divorce Act, the following proviso shall be inserted, namely:-
"Provided that the application with respect to the maintenance and education of the minor children pending the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.".
Chapter 3 - Amendments to the Parsi Marriage and Divorce Act, 1936
4. Amendment of Section 39.-In Section 39 of the Parsi Marriage and Divorce Act, 1936 (3 of 1936) (hereafter in this chapter referred to as the Parsi Marriage and Divorce Act), the following proviso shall be inserted, namely:-
"Provided that the application for the payment of the expenses of the suit and such weekly or monthly sum during the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.".
5. Amendment of Section 49.-In Section 49 of the Parsi Marriage and Divorce Act, the following proviso shall be inserted, namely:-
"Provided that the application with respect to the maintenance and education of such children during the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.".
Chapter 4 - Amendments to the Special Marriage Act, 1954
6. Amendment of Section 36.-In Section 36 of the Special Marriage Act, 1954 (43 of 1954) (hereafter in this chapter referred to as the Special Marriage Act), the following proviso shall be inserted, namely:-
"Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband.".
7. Amendment of Section 38.-In Section 38 of the Special Marriage Act, the following proviso shall be inserted, namely:-
"Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.".
Chapter 5 - Amendments to the Hindu Marriage Act, 1955
8. Amendment of Section 24.-In Section 24 of the Hindu Marriage Act, 1955 (25 of 1955) (hereafter in this chapter referred to as the Hindu Marriage Act), the following proviso shall be inserted, namely:-
"Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.".
9. Amendment of Section 26.-In Section 26 of the Hindu Marriage Act, the following proviso shall be inserted, namely:-
"Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.".