§ 6. Sir C. YATEasked the Under-Secretary of State for India whether his attention has been called to the decision of a full bench of the High Court in Lahore, delivered last month, to the effect that, though Indian Judges had jurisdiction to try divorce cases between British subjects domiciled in Great Britain, they thought that probably the English Court would not recognise their decree; and what steps have been taken, or are to be taken, to amend the law of divorce in India as regards British subjects with a British domicile owing to a decree of divorce granted by a High Court in India having been declared invalid in 1921 by the President of the Probate, Admiralty, and Divorce Division in England on the ground that the Indian Court possessed no jurisdiction?
§ Mr. RICHARDSAs the hon. and gallant Member is no doubt aware, steps were taken in 1921 by legislation in this Parliament to validate past and pending Indian decrees affected by the President's judgment referred to, and so long ago as July, 1921, my Noble Friend's predecessor initiated consultation with the Government of India as to the possibility of amending the law, and, if so, in what direction. The inquiry is still proceeding, but, while recognising fully its importance, I cannot hold out hopes of an early solution, in view of the complexity and the controversial nature of the questions involved. The Lahore High Court's judgment creates no new situation.
§ Sir C. YATEHas the hon. Gentleman not seen the cases that are now up before the Courts in India, and the great complications that may arise if some decision is not speedily arrived at?
§ Mr. RICHARDSI appreciate that, but the difficulty is not merely the assimilation of the decrees given in India with the laws of this country, but the assimilation throughout the Empire. That raises very big and difficult questions.