1954 (8) TMI 35

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..... en_ repealed by the Repealing and Amending Act of' 1952. This portion is in the following terms: If a husband, has contracted marriage with another wife or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him. 2. The facts of the case are simple and not In. dispute. On 24-7-1953 a Magistrate of the first class of the Jullundur District .....

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..... 488 by virtue of the Act of 1949 this provision too was automatically removed from the Criminal P. C. If the new provision has ceased to exist it is obvious that the fact that the husband has contracted a second marriage may or may not be considered to be a just ground for' the wife's refusal to stay with him. 4. I regret I am unable to concur in this contention. Repealing and Amending .....

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..... s in which a repealed enactment has been applied, incorporated or referred to should be unaffected by its repeal. 6. The Repealing and Amending Act of 1953 was also designed to secure two ends, namely to repeal certain enactments and to preserve certain others. It repealed the Act of 1949 and obliterated it completely from the records of Parliament. But at the same time it declared in' Sect .....

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