21.Succession to property of parties married under Act.

Notwithstanding any restrictions contained in the Indian Succession Act, 1925 (39 of 1925), with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect 23 as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom.

21A. Special provision in certain cases.

Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu, Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of section 20 as creates a disability shall also not apply.

CHAP RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION CHAPTER V RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

CHAP RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION CHAPTER V RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
Secs.-

22. Restitution of conjugal rights.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn from the society.

23. Judicial separation.

(1) A petition for judicial separation may be presented to the district court either by the husband or the wife,-
(a) on any of the grounds specified in sub-section (1) and sub-section (1A) of section 27 on which a petition for divorce might have been presented; or
(b) on the ground of failure to comply with a decree for restitution of conjugal rights; and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly
(2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respon- dent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

CHAP NULLITY OF MARRIAGE AND DIVORCE CHAPTER VI NULLITY OF MARRIAGE AND DIVORCE

CHAP NULLITY OF MARRIAGE AND DIVORCE CHAPTER VI NULLITY OF MARRIAGE AND DIVORCE
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24. Void marriages.

(1) Any marriage solemnized under this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared] by a decree of nullity if- (i) any of the conditions specified in clauses (a), (b), (c) and (d) of section 4 has not been fulfilled; or (ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.
(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clauses (a) to (e) of section 15: Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the district court has become final.