HL Deb 25 October 1945 vol 137 c497

Order of the Day for the Second Reading read.

LORD PETHICK-LAWRENCE

My Lords, the purpose of this Bill is to rectify a somewhat curious oversight in the Bombay High Court. The subject matter relates to divorce proceedings ME certain Europeans domiciled in the United Kingdom but residing in the Indian State of Hyderabad. Five cases in all are affected. In three of them, decrees absolute purport to have been granted. In two, decrees nisi have been passed which it is desirable that the Court should be empowered to make absolute. By the Indian and Colonial jurisdiction Act, 1926, jurisdiction in such cases was conferred on Indian Courts and by an amending Act an appropriate area was assigned to each High Court. In 1936 the Court exercising such jurisdiction for residents in Hyderabad was changed from Bombay to Nagpur. Unfortunately, the notification not having been made directly under the Indian Divorce Act, it escaped the notice not only of the officers of the Bombay High Court but also of the solicitors and the Bar practising on the divorce side and of the Court itself, with the consequence that the invalid decrees were passed, and it is the purpose of the present Bill to validate them. The Bill achieves this purpose in the way set out in Clause 1. In view of the explanation I have given, I hope that the Bill will be regarded as non-controversial and that your Lordships will consent to give it a Second Reading.

Moved, That the Bill be now read 2a.—(Lord Pethick-Lawrence.)

On Question, Bill read 2a, and committed to a Committee of the Whole House.