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Law commission of India 71st Report?

Querist : Anonymous (Querist) 29 March 2010 This query is : Resolved 
Dear Experts, I want to Know whether Section 13C, which was recommended by Justice H R khanna and P M Bakshi, members of the Law Commission of India in their 71st Report about irretrievable breakdown of marriage as a ground for dissolution or Divorce of Marriage with few safeguard to the existing sections of HMA 1955 Does Section 13C is in practice or not enacted into Law, if not can that section cited in along with 13A to file a Divorce Petition?
Raj Kumar Makkad (Expert) 29 March 2010
No. Without any legal sactity mere recommendation of any Law Commission cannot become law.
Parveen Kr. Aggarwal (Expert) 30 March 2010
Reports of Law Commission do not have the force of law. Law can be enacted by the Parliament and only if the provision is inserted in the Act by making amendments only then it can be cited in a petition, otherwise not.


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