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Smt. Lata Kamat vs Vilas on 29 March, 1989
Showing the contexts in which divorce decree appears in the document
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mencement of this Act, shall be voidable and may be annull ed by a decree of nullity on any of the following groun ds namely,--

Similarly Sec. 13 clause (1) of the Act reads: (1) Any marriage solemnized, whether before or after t he commencement of this Act may, on a petition presented by either the husband or wife, be dissolved by a decree of divorce on the ground that the other party,--

It is no doubt true that these two sections have differe nt phraseology. In section 12 it is said that the marriage be annulled by a decree of nullity whereas in Section 13, t he phraseology used is "dissolved by decree of divorce" but in substance the meaning of the two may be different under t he circumstances and on the facts of each case but the leg al meaning or the effect is that by intervention of the cou rt the relationship between two spouses has been severed eith er in accordance with the provisions of Section 12 or in a c-

tuted under Section 13 or a proceeding instituted und er Sections 11 or 12 as Sections 11 or 12 talks of 'decree f or nullity' and Section 13 talks of 'decree for divorce' but in order to provide an appeal against all decrees Section 28 has used a very wide terminology which include decrees und er Sections 11, 12 and 13 and so far as this is concerned it could hardly be contested as the language of Section 28 itself is so clear. It is in this context that we 144 analyse the language of Section 15. It reads: "Divorced persons when may marry again-When a marriage h as been dissolved by a decree of divorce and either there is no fight of appeal against the decree or, if there is such a fight of appeal, the time for appealing has expired witho ut an appeal having been presented or an appeal has been pr e-

sented but has been dismissed, it shall be lawful for eith er party to the marriage to marry again." Before we examine the phraseology 'dissolved by decree of divorce' it would be worthwhile to examine the remaini ng part of this provision, especially 'if there is such a fig ht of appeal, the time for appealing has expired without an appeal having been presented or an appeal has been present ed but has been dismissed'. If we give narrow meaning to t he term 'dissolved by decree of divorce' as contended by t he learned counsel for the respondent, it will mean that if it is a decree under Sec. 13 then either party to the procee d-

It is plain that the word 'divorce' or 'decree of d i-

vorce' have not been defined in this Act. The meaning of t he word 'divorce' indicated in Shorter Oxford English Dictio n-

ary reads:

"Divorce--1. Legal dissolution of marriage by a court or other competent body, or according to forms locally reco g-

nized. 2. Complete separation; disunion of things close ly united ME. 3. That which causes divorce 1607." Similarly the meaning of the word 'divorce' as indicated in Webster's Third New International Dictionary reads: "Divorce--1: a legal dissolution in whole or in part of a marriage relation by a court or other body having compete nt authority.