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Indian Divorce Act, 1869

[Act No. 4 of Year 1869, dated 26-2-1869]

Contents

Sections

Particulars

I

Preliminary

1

Short title, commencement of the Act

2

Extent of Act

3

Interpretation clause

II

Jurisdiction

4

Matrimonial jurisdiction of High Courts to be exercised subject to Act - Exception

5

Enforcement of decrees or orders made heretofore by Supreme Court or High Court

6

Pending suits

7

Court to act on principles of English Divorce Court

8

Extraordinary jurisdiction of High Court

9

Reference to High Court

III

Dissolution Of Marriage

10

When husband may petition for dissolution

11

Adulterer to be co-respondent

12

Court to be satisfied of absence of collusion

13

Dismissal of petition

14

Power to court to pronounce decree for dissolving marriage

15

Relief in case of opposition on certain grounds

16

Decrees for dissolution to be nisi

17

Confirmation of decree for dissolution by District Judge

17A

Appointment of officer to exercise duties of King's Proctor

IV

Nullity Of Marriage

18

Petition for decree of nullity

19

Grounds of decree

20

Confirmation of District Judge's decree

21

Children of annulled marriage

V

Judicial Separation

22

Bar to decree for divorce a mensa et toro but judicial separation obtainable by husband or wife

23

Application for separation made by petition

24

Separated wife deemed spinster with respect to after- acquired property

25

Separated wife deemed spinster for purposes of contract and suing

26

Decree of separation obtained during absence of husband or wife may be reversed

VI

Protection-Orders

27

Deserted wife may apply to court for protection

28

Court may grant protection order

29

Discharge or variation of orders

30

Liability of husband seizing wife's property after notice of order

31

Wife's legal position during continuance of order

VII

Restitution Of Conjugal Rights

32

Petition for restitution of conjugal rights

33

Answer to petition

VIII

Damages And Costs

34

Husband may claim damages from adulterer

35

Power to order adulterer to pay costs

IX

Alimony

36

Alimony pendente lite

37

Power to order permanent alimony

38

Court may direct payment of alimony to wife or to her trustee

X

Settlements

39

Power to order settlement of wife's property for benefit of husband and children

40

Inquiry into existence of ante-nuptial or post-nuptial settlements

XI

Custody Of Children

41

Power to make orders as to custody of children in suits for separation

42

Power to make such orders after decree

43

Power to make orders as to custody of children in suits for dissolution or nullity

44

Power to make such orders after decree or confirmation

XII

Procedure

45

Code of Civil Procedure to apply

46

Forms of petitions and statements

47

Stamp on petition-Petition to state absence of collusion

48

Suits on behalf of lunatics

49

Suits by minors

50

Service of petition

51

Mode of taking evidence

52

Competence of husband and wife to give evidence as to cruelty or desertion

53

Power to close doors

54

Power to adjourn

55

Enforcement of, and appeal from, orders and decrees

56

Appeal to the Supreme Court

XIII

Re-Marriage

57

Liberty to parties to marry again

58

English clergyman not compelled to solemnize marriages of persons divorced for adultery

59

English Minister refusing to perform ceremony to permit use of his Church

XIV

Miscellaneous

60

Decree for separation or protection- order valid as to persons dealing with wife before reversal

61

Bar of suit for criminal conversation

62

Power to make rules

Schedule Of Forms

No.1

Petition By Husband For A Dissolution Of Marriage With Damages Against Co-Respondent, By Reason Of Adultery

No.2

Respondent's Statement In Answer To No. 1

No.3

Co-Respondent's Statement In Answer To No. 1

No.4

Petition For Decree Of Nullity Of Marriage

No.5

Petition By Wife For Judicial Separation On The Ground Of Her Husband's Adultery

No.6

Statement In Answer To No. 5

No.7

Statement In Reply To No. 6

No.8

Petition For A Judicial Separation By Reason Of Cruelty

No.9

Statement In Answer To No. 8

No.10

Petition For Reversal Of Decree Of Separation

No.11

Petition For Protection Order

No.12

Petition For Alimony Pending The Suit

No.13

Statement In Answer To No. 12

No.14

Undertaking By Minor's Next Friend To Be Answerable For Respondent's Costs

An Act to amend the law relating to Divorce and Matrimonial Causes 1[* * *]

WHEREAS it is expedient to amend the law relating to the divorce of persons professing the Christian religion, and to confer upon certain courts jurisdiction in matters matrimonial; it is hereby enacted as follows:-



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