The Calcutta Weekly Notes Monday January 25 1943

In compliance with the request of some members of the Bar my approach to this problem which is vital and of far-reaching consequences is entirely from the point of view of a practising lawyer whose purpose inter alia as experience commends is to foresee difficulties that may arise in the Application of law to cases. [...] The broad plan of the Bill is to provide two forms of Hindu marriage: the Sacrmental marriage and the Civil marriage. [...] (a) that the parties to the marriage did not belong to the same caste (b) that the parties belonged to the same gotra or (c) unless there was force or fraud that the consent of the bride’s guardian to the marriage was not obtained. [...] 305-107). Proceed now to the definition section: By clause 2 (c) (i) "sapinda relationship " with reference to any person extends as far as the fifth generation in the line of ascent through the mother and the seventh in the line of ascent through the father. [...] But let me point out the dictum of Lord Davey which bears on the matter: " the essence of a Code is to be exhaustive on the matters in respect of which it declares the law and it is not the province of a Judge to go outside the letter of the enactment Held (Full Bench: TEKCHAND RAM LAU: and BECKETT JJ.)—That the suit in cicumstances should not be dismissed as being haired by limitation but t